Crown Land Acts Amendment (Lease and Licence Terms) Act 2009

i Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF THE CROWN LAND (RESERVES) ACT 1978 3 3 Definitions 3 4 Provisions as to committees of management incorporated under section 14A 3 5 Power of incorporated committees to lease land 4 6 Powers of committees of management 4 7 Powers of trustees or committees of managements 4 8 New section 17AB inserted 4 17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister 4 9 Licences for purposes other than those for which land is reserved 7 10 New section 17BAA inserted 7 17BAA Licence may be granted for term greater than 10 years in some circumstances 7 11 New sections 17CA, 17CB and 17CC inserted 9 17CA Leases for up to 65 years for other purposes 9 17CB Parliamentary scrutiny of the leasing of certain land 11 17CC Role of committee of management for leases granted under section 17CA 12 12 Leases for purposes other than those for which land is reserved 13 13 Parliamentary scrutiny of certain proposals 15 14 New section 17G inserted 15 17G Leases may provide for removal of buildings and restoration of land 15 -- 1 of 77 -- Section Page ii 15 New Part 3A inserted 15 PART 3A—TOUR OPERATOR LICENCES 15 21A Offence to conduct organised tour or recreational activity on reserved land if unlicensed 15 21B Grant of tour operator licence 16 21C Application for tour operator licence 16 21D Requirement to pay annual licence fees after grant of tour operator licence 17 21E Tour operator licence conditions 17 21F Contravention of condition an offence 17 21G Variation of tour operator licence 18 21H Suspension of tour operator licence 18 21I Making submissions on suspension 19 21J Cancellation of tour operator licence 19 16 New section 31 inserted 21 31 Tour operator licence regulations 21 17 New Division 7 inserted in Part 6 23 Division 7—Further transitional provisions 2009 Act 23 69 Definition 23 70 Tour operator licences 23 PART 3—AMENDMENT OF THE FORESTS ACT 1958 24 18 Definition 24 19 Section 51 of the Forests Act 1958 substituted 24 51 Leases of land in reserved forests 24 20 Licences and permits with respect to forests 25 21 New tour operator licence provisions 27 Tour operator licences 27 57E Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed 27 57F Grant of tour operator licence 28 57G Application for tour operator licence 28 57H Requirement to pay annual licence fee after grant of tour operator licence 29 57I Tour operator licence conditions 29 57J Contravention of condition an offence 29 57K Variation of tour operator licence 29 57L Suspension of tour operator licence 30 57M Making submissions on suspension 31 57N Cancellation of tour operator licence 31 22 Offences 32 -- 2 of 77 -- Section Page iii 23 New section 100A inserted 33 100A Tour operator licence regulations 33 24 New section 101A inserted 35 101A Tour operator licence offence 35 PART 4—AMENDMENT OF THE LAND ACT 1958 36 25 Definition 36 26 Governor in Council may convey land under this Part 36 27 Minister may lease Crown land under this subdivision 36 28 Term of lease 37 29 Terms and conditions 37 30 New licensing provisions in relation to activity providers and tour operators inserted 38 Tour operator licences 38 140H Offence to conduct organised tour or recreational activity on Crown land if unlicensed 38 140I Grant of tour operator licence 39 140J Application for tour operator licence 39 140K Requirement to pay annual fee on grant of tour operator licence 40 140L Tour operator licence conditions 40 140M Contravention of condition an offence 40 140N Variation of licence to operate as activity provider or tour operator on Crown land 41 140O Suspension of tour operator licence 41 140P Making submissions on suspension 42 140Q Cancellation of tour operator licence 43 31 New section 218 inserted 44 218 Leases may provide for removal of buildings and restoration of land 44 32 Reopening of licensed closed road or water frontage 44 33 New section 413A inserted 44 413A Tour operator licence regulations 44 34 New Part XV inserted 46 PART XV—TRANSITIONAL PROVISIONS 46 414 Definition 46 415 Leases for non-agricultural purposes 47 416 Tour operator licence offence 47 -- 3 of 77 -- Section Page iv PART 5—AMENDMENT OF THE NATIONAL PARKS ACT 1975 48 35 Definition 48 36 Secretary may grant certain permits etc. 48 37 New Division 3A inserted in Part III 48 Division 3A—Tour operator licences 49 27C Offence to conduct organised tour or recreational activity in a park if unlicensed 49 27D Grant of tour operator licence 49 27E Application for tour operator licence 50 27F Requirement to pay annual fees after grant of tour operator licence 50 27G Tour operator licence conditions 50 27H Contravention of condition an offence 51 27I Variation of tour operator licence 51 27J Suspension of tour operator licence 51 27K Making submissions on suspension 52 27L Cancellation of tour operator licence 53 38 Trades or businesses not to be carried on in parks unless authorised 54 39 New section 48AA inserted 54 48AA Tour operator licence regulations 54 40 New sections 76 and 77 inserted 56 76 Definition 56 77 Tour operator licences 56 PART 6—AMENDMENT OF THE WILDLIFE ACT 1975 58 41 Definition 58 42 New Part IIA inserted 58 PART IIA—TOUR OPERATOR LICENCES 58 21A Offence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed 58 21B Grant of tour operator licence 59 21C Application for tour operator licence 59 21D Requirement to pay annual licence fee after grant of tour operator licence 60 21E Tour operator licence conditions 60 21F Contravention of condition an offence 60 21G Variation of tour operator licence 60 21H Suspension of tour operator licence 61 21I Making submissions on suspension 62 21J Cancellation of tour operator licence 62 43 Mandatory cancellation of licences 63 -- 4 of 77 -- Section Page v 44 Consequential amendments 64 45 New section 87A inserted 64 87A Tour operator licence regulations 64 46 New section 96 inserted 66 96 Tour operator licence offence 66 PART 7—AMENDMENT OF THE COASTAL MANAGEMENT ACT 1995 67 47 Definition 67 48 Contents of management plan 67 49 Decision of Minister 68 PART 8—AMENDMENT OF OTHER ACTS 69 Division 1—Amendment of Conservation, Forests and Lands Act 1987 69 50 Secretary to be body corporate 69 51 Secretary to be subject to control 69 Division 2—Amendment of Land (Revocations and Other Matters) Act 1991 69 52 Revocation of reservation and Crown grant 69 53 New section 12 inserted 70 12 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 70 Division 3—Amendment of Fraser National Park Act 1957 70 54 Amendment of First Schedule 70 55 New section 7 inserted 70 7 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 70 PART 9—REPEAL OF AMENDING ACT 71 56 Repeal of amending Act 71 ═══════════════ ENDNOTES 72 -- 5 of 77 -- 1 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 † No. 40 of 2009 [Assented to 5 August 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are to amend— (a) the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 and the Wildlife Act 1975 to provide a licensing scheme for tour operators and activity providers on public land; Victoria -- 6 of 77 -- Part 1—Preliminary Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 2 (b) the Crown Land (Reserves) Act 1978 and the Forests Act 1958 to increase the maximum lease term from 21 years to 65 years; (c) the Crown Land (Reserves) Act 1978 to increase the maximum licence term from 3 years to 10 years; (d) the Crown Land (Reserves) Act 1978 and the Land Act 1958 to provide for licence terms greater than 10 years in circumstances where the licensee holds a lease over adjacent land; (e) the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the Coastal Management Act 1995, the Conservation, Forests and Lands Act 1987, the Land (Revocations and Other Matters) Act 1991 and the Fraser National Park Act 1957 to enhance the operation of those Acts generally. 2 Commencement (1) This Act, except sections 3(2), 15 to 18, 21 to 25, 30, 33 and Parts 5 and 6, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), sections 3(2), 15 to 18, 21 to 25, 30, 33 and Parts 5 and 6 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 2011, it comes into operation on that day. __________________ s. 2 -- 7 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 3 PART 2—AMENDMENT OF THE CROWN LAND (RESERVES) ACT 1978 3 Definitions (1) Insert the following definition in section 3 of the Crown Land (Reserves) Act 1978— "responsible Minister means— (a) the Minister administering this Act; or (b) if powers under this Act have been conferred on another Minister by Order under section 17AB, that Minister;". (2) Insert the following definitions in section 3 of the Crown Land (Reserves) Act 1978— "land manager, for the purposes of Part 3A, means— (a) in relation to land reserved under section 4 that is managed by trustees or a committee of management, the trustees or committee of management; or (b) in relation to land reserved under section 4 that is not managed by trustees or a committee of management, the Secretary; tour operator licence means a licence granted under section 21B;". 4 Provisions as to committees of management incorporated under section 14A In section 14B(3) of the Crown Land (Reserves) Act 1978, for "Governor in Council" substitute "Minister". s. 3 See: Act No. 9212. Reprint No. 9 as at 15 January 2009 and amending Act Nos 64/2004 and 6/2009. LawToday: www. legislation. vic.gov.au -- 8 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 4 5 Power of incorporated committees to lease land In section 14D(2) of the Crown Land (Reserves) Act 1978— (a) in paragraph (a), after "years;" insert "and"; (b) paragraph (b) is repealed. 6 Powers of committees of management After section 15(9) of the Crown Land (Reserves) Act 1978 insert— "(9A) This section applies to a committee of management of any land appointed under section 14 where the land in respect of which the committee is appointed is leased by the Minister under section 17CA and the management of the lease is conferred on the committee by the lease, to the extent that it is not inconsistent with the lease.". 7 Powers of trustees or committees of managements Section 17(2)(c)(i) of the Crown Land (Reserves) Act 1978 is repealed. 8 New section 17AB inserted After section 17A of the Crown Land (Reserves) Act 1978 insert— "17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister (1) The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the Health Services Act 1988 (Health Minister) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister. s. 5 -- 9 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 5 (2) For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management— (a) the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and (b) the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject. (3) For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister— (a) where the land is managed by trustees or a committee of management— (i) the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and (ii) the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D; s. 8 -- 10 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 6 (b) where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose. (4) An Order under subsection (1)— (a) must be published in the Government Gazette; and (b) takes effect on publication or a later date specified in the Order. (5) An Order in Council under subsection (1) must specify— (a) the land to which the Order applies; (b) the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister; (c) the period for which the Order will be in force. (6) On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease. (7) The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister. (8) The committee of management must notify the Department of Sustainability and Environment of any licence or lease entered into pursuant to a power conferred by an Order under this section. s. 8 -- 11 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 7 (9) The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force.". 9 Licences for purposes other than those for which land is reserved In section 17B(1) of the Crown Land (Reserves) Act 1978— (a) for "the Minister" (wherever occurring) substitute "the responsible Minister"; (b) in paragraphs (a) and (b), for "three" substitute "10"; (c) paragraph (c)(i) is repealed; (d) in paragraph (c)(ii), for "three" substitute "10"; (e) in paragraph (c)(iii), for "the Minister" substitute "the responsible Minister". 10 New section 17BAA inserted After section 17B of the Crown Land (Reserves) Act 1978 insert— "17BAA Licence may be granted for term greater than 10 years in some circumstances (1) Despite section 17B(1), where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval in writing of the Minister given in accordance with subsection (6), grant a licence under section 17B(1) if the proposed licensee is leasing— (a) land adjacent to the land in respect of which the licence may be granted; and s. 9 -- 12 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 8 (b) the adjacent land is under the management of the trustees or committee of management. (2) A licence granted under subsection (1) may be for a period not exceeding whichever is the lesser of the following— (a) 21 years; (b) the term of the lease granted in respect of the adjacent land. (3) Despite section 17B(1), where there are no trustees or committee of management of land reserved under section 4, the Secretary or any person authorized by the Secretary may, with the approval in writing of the Minister given in accordance with subsection (6) grant a licence under section 17B(1) if the proposed licensee is leasing land adjacent to the land in respect of which the licence may be granted. (4) A licence granted under subsection (3) may be for a period not exceeding whichever is the lesser of the following— (a) 21 years; (b) the term of the lease granted in respect of the adjacent land. (5) The trustees or committee of management in granting a licence under subsection (1), or the Secretary in granting a licence under subsection (3), must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease for the adjacent land. s. 10 -- 13 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 9 (6) The Minister must not give approval under subsection (1) or (3) unless he or she is satisfied that the purpose for which the licence is to be granted is not detrimental to the purpose for which the land is reserved.". 11 New sections 17CA, 17CB and 17CC inserted After section 17C of the Crown Land (Reserves) Act 1978 insert— "17CA Leases for up to 65 years for other purposes (1) Subject to section 17CC(1), where land reserved under section 4 is managed by trustees or a committee of management, despite any vesting of the land in the trustees or committee of management, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that— (a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and (b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (c) the granting of a longer term lease is in the public interest. (2) Where there are no trustees or committee of management for land reserved under section 4, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that— s. 11 -- 14 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 10 (a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and (b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (c) the granting of a longer term lease is in the public interest. (3) The Minister must not enter into a lease under subsection (1) or (2) in respect of any land that is— (a) reserved for a purpose specified in section 4(1)(l), (m), (n) or (o); or (b) specified in Part 1 or Part 3 of the Fifth Schedule. (4) The Minister must not enter into a lease under subsection (1) or (2) of land that is— (a) reserved for a purpose specified in section 4(1)(w) or (ze); or (b) deemed by section 4(6) to be reserved for the protection of the coastline— unless the Minister has, by determination, given notice of his or her intention to do so, and— (c) the Minister has laid the determination before each House of Parliament; and (d) the determination has not been disallowed by either House of Parliament. s. 11 -- 15 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 11 (5) The Minister must publish a determination under subsection (4) in the Government Gazette. (6) The Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (2), enter into an agreement to lease that land. (7) If the Minister enters into an agreement to lease reserved land under subsection (6) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. 17CB Parliamentary scrutiny of the leasing of certain land (1) A determination that is laid before each House of Parliament under section 17CA(4) is disallowed in whole or in part if— (a) a notice of a resolution to disallow the determination is given in a House of the Parliament on or before the 5th sitting day of that House after the determination is laid before the House; and (b) the resolution is passed by that House on or before the 10th sitting day of that House after the giving of the notice of the resolution. (2) A notice under subsection (1) may be expressed to apply to the whole or to any part of the determination. (3) A resolution that is passed under subsection (1) has effect according to its tenor. s. 11 -- 16 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 12 (4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved— (a) the prorogation or dissolution does not affect the power of the House to pass a resolution under subsection (1); and (b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution. 17CC Role of committee of management for leases granted under section 17CA (1) Before granting a lease of land under section 17CA(1), the Minister must consult with the trustees or committee of management for that land. (2) If the Minister grants a lease of land under section 17CA(1), the lease may provide for the management of the lease to be carried out by the trustees or committee of management. (3) A power to manage a lease that may be given to trustees or a committee of management under a lease under subsection (2)— (a) does not extend to empowering the trustees or committee of management to vary, amend or terminate the lease; (b) if the lease so provides, may extend to empowering the trustees or committee of management to collect any tolls, fees, rents, royalties or other charges that may be imposed in respect of the land. (4) Any money collected or retained by trustees or a committee of management under the lease must be expended on the land in respect of which the money has been collected or retained.". s. 11 -- 17 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 13 12 Leases for purposes other than those for which land is reserved (1) Insert the following heading to section 17D of the Crown Land (Reserves) Act 1978— "Leases for up to 21 years for other purposes". (2) For section 17D(1) of the Crown Land (Reserves) Act 1978 substitute— "(1) Where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval of the responsible Minister under subsection (3), lease any part of the land for any purpose approved by the responsible Minister, for a specific term of not more than 21 years. (1A) Where there are no trustees or committee of management of land reserved under section 4, the responsible Minister may lease any part of the land for a specific term of not more than 21 years. (1B) The responsible Minister or the trustees or committee of management with the approval in writing of the responsible Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (1A), enter into an agreement to lease that land. (1C) If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added s. 12 -- 18 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 14 together, the maximum lease term permitted under this section.". (3) In section 17D(2) of the Crown Land (Reserves) Act 1978— (a) for "Subsection (1) shall not apply to" substitute "A lease must not be entered into under subsection (1) or (1A) in relation to"; (b) in paragraph (a)(i), after "lease under subsection (1)" insert "or (1A)"; (c) in paragraph (a)(ii), for "the Minister" substitute "the responsible Minister". (4) In section 17D(3) of the Crown Land (Reserves) Act 1978, after "The" insert "responsible". (5) In section 17D(4) of the Crown Land (Reserves) Act 1978— (a) paragraphs (a) and (b) are repealed; (b) in paragraph (c), for "the Minister" (wherever occurring) substitute "the responsible Minister". (6) In section 17D(5) of the Crown Land (Reserves) Act 1978 after "in subsection (1)" insert "or (1A)". (7) In section 17D(6) of the Crown Land (Reserves) Act 1978 after "under subsection (1)" insert "or (1A)". (8) In section 17D(7) of the Crown Land (Reserves) Act 1978— (a) after "The" insert "responsible"; (b) after "under subsection (1)" insert "or (1A)". (9) In section 17D(8) of the Crown Land (Reserves) Act 1978 after "under subsection (1)" insert "or (1A)". s. 12 -- 19 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 15 13 Parliamentary scrutiny of certain proposals (1) In section 17DA(3) of the Crown Land (Reserves) Act 1978 for "5, 6 and 6A of the Subordinate Legislation Act 1962" substitute "15, 22, 23 and 24 of the Subordinate Legislation Act 1994"; (2) For sections 17DA(3)(b) and 17DA(3)(c) of the Crown Land (Reserves) Act 1978 substitute— '(b) in section 23(2)(a) of that Act for "18th" there were substituted "5th"; and (c) in section 23(2)(b) of that Act for "12th" there were substituted "10th"; and'. 14 New section 17G inserted After section 17F of the Crown Land (Reserves) Act 1978 insert— "17G Leases may provide for removal of buildings and restoration of land A lease under this Act may provide that the lessor may require the lessee to undertake the removal of any building or structure on the land and the restoration of the site to the satisfaction of the lessor after the expiry of the lease.". 15 New Part 3A inserted After Part 3 of the Crown Land (Reserves) Act 1978 insert— "PART 3A—TOUR OPERATOR LICENCES 21A Offence to conduct organised tour or recreational activity on reserved land if unlicensed (1) A person must not conduct an organised tour or recreational activity for profit on land s. 13 -- 20 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 16 reserved under section 4 unless that person holds a tour operator licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. (2) Subsection (1) does not apply to a person who conducts an activity on land reserved under section 4 and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity. (3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1). 21B Grant of tour operator licence (1) The land manager, with the approval of the Minister in writing, may grant a licence to a person to conduct an organised tour or recreational activity for profit on land reserved under section 4 to a person who has applied under section 21C. (2) The land manager may grant a licence under subsection (1) for a period not exceeding 10 years. 21C Application for tour operator licence (1) A person may apply for a tour operator licence to the land manager of the land reserved under section 4 on which the proposed tour or recreational activity is to take place. s. 15 -- 21 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 17 (2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide. (3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B. 21D Requirement to pay annual licence fees after grant of tour operator licence (1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force. (2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations. 21E Tour operator licence conditions A tour operator licence is subject to— (a) any conditions determined by the land manager that are specified or referred to in the licence; and (b) any prescribed conditions. 21F Contravention of condition an offence A holder of a tour operator licence must not contravene the conditions of the licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. s. 15 -- 22 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 18 21G Variation of tour operator licence (1) The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence. (2) On receiving the application under subsection (1), the land manager may vary the licence or condition in accordance with the application. (3) A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder. (4) The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required. (5) A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder. 21H Suspension of tour operator licence (1) If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend a tour operator licence by notice in writing given to the holder of the licence. (2) A suspension under this section has effect— (a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and (b) subject to section 21I, for the period (not exceeding 90 days) specified in the notice. s. 15 -- 23 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 19 (3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must— (a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I; (b) specify a date or period by which the submissions must be made. 21I Making submissions on suspension (1) The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence. (2) The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1). (3) In carrying out a review under subsection (2), the land manager— (a) must have regard to the submissions made under subsection (1); and (b) may decide to continue, revoke or amend the suspension. (4) The land manager must notify the person whose licence has been suspended of the outcome of review. 21J Cancellation of tour operator licence (1) The land manager may cancel a tour operator licence if the land manager is satisfied, on reasonable grounds, that— s. 15 -- 24 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 20 (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. (2) Before cancelling a tour operator licence, the land manager must— (a) notify the holder that the land manager proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a tour operator licence, the land manager must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and (b) must notify the holder of his or her decision. (5) The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given. __________________". s. 15 -- 25 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 21 16 New section 31 inserted After section 30 of the Crown Land (Reserves) Act 1978 insert— "31 Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences 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 they apply; s. 16 -- 26 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 22 (e) the manner of payment of fees, including the payment of fees by instalment; (f) the time at which, or by which, fees are to be paid. (3) Regulations made under this Act in respect of tour operator licences may— (a) leave any matter or thing to be decided by a specified person or class of person; and (b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and (c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulation made under this section; and (d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations. (4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund— (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; s. 16 -- 27 of 77 -- Part 2—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 23 (b) may be subject to specified conditions.". 17 New Division 7 inserted in Part 6 After Division 6 of Part 6 of the Crown Land (Reserves) Act 1978 insert— "Division 7—Further transitional provisions 2009 Act 69 Definition In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009. 70 Tour operator licences (1) A person who conducts an organised tour or recreational activity for profit on land reserved under section 4 without a tour operator licence on or after the commencement of section 15 of the 2009 Act, is not guilty of an offence under section 21A if the person applies for a tour operator licence within 4 months from the commencement of section 15 of the 2009 Act. (2) Subsection (1) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.". __________________ s. 17 -- 28 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 24 PART 3—AMENDMENT OF THE FORESTS ACT 1958 18 Definition Insert the following definition in section 3(1) of the Forests Act 1958— "tour operator licence means a licence granted under section 57F.". 19 Section 51 of the Forests Act 1958 substituted For section 51 of the Forests Act 1958 substitute— "51 Leases of land in reserved forests (1) The Minister may lease any Crown land in a reserved forest for a term of not more than 21 years for any purpose that the Secretary recommends. (2) The Minister may lease any Crown land in a reserved forest for a term of more than 21 years but not more than 65 years, if the Minister is satisfied that— (a) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (b) the granting of a longer term lease is in the public interest. s. 18 See: Act No. 6254. Reprint No. 9 as at 18 May 2006 and amending Act Nos 60/2005, 24/2006, 63/2006, 58/2007, 54/2008 and 6/2009. LawToday: www. legislation. vic.gov.au -- 29 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 25 (3) A lease under this section is subject to— (a) the covenants, terms and conditions that are determined by the Minister; and (b) the payment of royalties as determined by the Minister. (4) The Minister may, for the purposes of entering into a lease of any Crown land in a reserved forest under this section, enter into an agreement to lease that land. (5) If the Minister enters into an agreement to lease Crown land in a reserved forest under subsection (4) and the agreement to lease grants a right to occupy land for a period of time, that period and the period of any lease entered into consequent on the agreement must not, when added together, exceed the maximum lease term permitted under this section.". 20 Licences and permits with respect to forests For section 52(1) of the Forests Act 1958 substitute— "(1) The Minister may grant a licence for a term of not more than 20 years, subject to any covenants, terms and conditions that may be prescribed, any additional covenants, terms and conditions that the Minister considers appropriate to impose in a particular case, and the payment of any rent, fees, royalties or charges that the Minister may determine. (1A) A licence or permit granted under this section in respect of Crown land in a reserved forest may be for any one or more of the following purposes that is specified in the licence— (a) to graze cattle; s. 20 -- 30 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 26 (b) to graze cattle under agistment; (c) to occupy an area of not more than 2000 hectares for the exclusive cutting of timber; (d) to thin, cut and remove timber; (e) to cut forest produce specified in the licence; (f) to dig forest produce specified in the licence; (g) to take away forest produce specified in the licence; (h) to occupy for residence an area of not more than 0⋅4 hectares; (i) any purpose for which a licence may be granted under Subdivision 2 of Division 9 of Part I of the Land Act 1958; (j) any other purpose whatever relating to or connected with a state forest or forest produce. (1B) A licence or permit granted under this section to enter protected forest may be for any one or more of the following purposes that is specified in the licence— (a) to cut forest produce specified in the licence; (b) to dig forest produce specified in the licence; (c) to take away forest produce specified in the licence. s. 20 -- 31 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 27 (1C) A licence or permit granted under this section to enter land set aside in section 50(1), may be for any one or more of the following purposes that is specified in the licence— (a) to provide accommodation; (b) to store goods and liquid fuels; (c) to sell goods and liquid fuels; (d) to erect ski lifts; (e) to operate ski lifts; (f) to provide any other facility or service which the Secretary considers appropriate. (1D) A licence or permit to which subsection (1C) applies must not be for an area of more than 1⋅25 hectares unless the Minister has approved the granting of the licence or permit for a greater area.". 21 New tour operator licence provisions After section 57D of the Forests Act 1958 insert— "Tour operator licences 57E Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed (1) A person must not conduct an organised tour or recreational activity for profit on Crown land in a reserved forest unless that person holds a tour operator licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. s. 21 -- 32 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 28 (2) Subsection (1) does not apply to a person who conducts an activity on Crown land in a reserved forest and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity. (3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1). 57F Grant of tour operator licence (1) The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit on Crown land in a reserved forest to a person who has applied under section 57G. (2) The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years. 57G Application for tour operator licence (1) A person may apply for a tour operator licence to the Secretary in respect of the land on which the proposed tour or recreational activity is to take place. (2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide. (3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 57F. s. 21 -- 33 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 29 57H Requirement to pay annual licence fee after grant of tour operator licence (1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force. (2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations. 57I Tour operator licence conditions A licence granted under section 57F is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the licence; and (b) any prescribed conditions. 57J Contravention of condition an offence The holder of a tour operator licence must not contravene the conditions of the licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. 57K Variation of tour operator licence (1) The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence. (2) On receiving an application under subsection (1), the Secretary may vary the licence or condition in accordance with the application. s. 21 -- 34 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 30 (3) A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder. (4) The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required. (5) A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder. 57L Suspension of tour operator licence (1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence. (2) A suspension under this section has effect— (a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and (b) subject to section 57M, for the period (not exceeding 90 days) specified in the notice. (3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must— (a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 57M; (b) specify a date or period by which the submissions must be made. s. 21 -- 35 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 31 57M Making submissions on suspension (1) The holder of a tour operator licence whose licence has been suspended under section 57L may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence. (2) The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1). (3) In carrying out a review under subsection (2), the Secretary— (a) must have regard to the submissions made under subsection (1); and (b) may decide to continue, revoke or amend the suspension. (4) The Secretary must notify the person whose licence has been suspended of the outcome of review. 57N Cancellation of tour operator licence (1) The Secretary may cancel a tour operator licence if the Secretary is satisfied on reasonable grounds that— (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. (2) Before cancelling a tour operator licence, the Secretary must— (a) notify the holder of the licence that the Secretary proposes to cancel the licence; and s. 21 -- 36 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 32 (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a tour operator licence, the Secretary must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and (b) must notify the holder of the Secretary's decision. (5) The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.". 22 Offences For section 96(h) of the Forests Act 1958 substitute— "(h) does or causes to be done any act, matter or thing (that is not an act, matter or thing to which section 57E applies), for which a licence (other than a tour operator licence) or permit may be issued under this Act, without that licence (other than a tour operator licence) or permit;". s. 22 -- 37 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 33 23 New section 100A inserted After section 100 of the Forests Act 1958 insert— "100A Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences 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 they apply; s. 23 -- 38 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 34 (e) the manner of payment of fees, including the payment of fees by instalment; (f) the time at which, or by which, fees are to be paid. (3) Regulations made under this Act in respect of tour operator licences may— (a) leave any matter or thing to be decided by a specified person or class of person; and (b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and (c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and (d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations. (4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund— (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; s. 23 -- 39 of 77 -- Part 3—Amendment of the Forests Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 35 (b) may be subject to specified conditions.". 24 New section 101A inserted After section 101 of the Forests Act 1958 insert— "101A Tour operator licence offence (1) In this section— 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009. (2) A person who conducts an organised tour or recreational activity for profit on Crown land in a reserved forest without a tour operator licence on or after the commencement of section 21 of the 2009 Act, is not guilty of an offence under section 57E if the person applies for a tour operator licence within 4 months from the commencement of section 21 of the 2009 Act. (3) Subsection (2) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.". __________________ s. 24 -- 40 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 36 PART 4—AMENDMENT OF THE LAND ACT 1958 25 Definition Insert the following definition in section 2A of the Land Act 1958— "tour operator licence means a licence granted under section 140I.". 26 Governor in Council may convey land under this Part (1) In the heading to section 12 of the Land Act 1958, after "Council" insert "or Minister". (2) In section 12(1) of the Land Act 1958, after "Council" insert "or the Minister". 27 Minister may lease Crown land under this subdivision (1) After section 134(1) of the Land Act 1958 insert— "(1A) The Minister may, for the purposes of entering into a lease of any Crown land under subsection (1), enter into an agreement to lease that land. (1B) If the Minister enters an agreement to lease Crown land under subsection (1A) and the agreement to lease gives a right to occupy land for a period of time, that period and the period of any lease entered into consequent s. 25 See: Act No. 6824. Reprint No. 11 as at 19 August 2004 and amending Act Nos 63/2006, 85/2006, 12/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 41 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 37 on that agreement must not, when added together, exceed the maximum lease term permitted under this subdivision.". (2) In section 134(2) of the Land Act 1958, after "(1)" insert "or (1A)". 28 Term of lease (1) For section 137AA(3) of the Land Act 1958 substitute— "(3) The Minister may grant a lease of land for commercial or industrial purposes under this subdivision for a term of more than 50 years but not more than 99 years if the Minister is satisfied that— (a) a building or structure erected or to be erected on the land; or (b) an improvement made or to be made on or to the land— is of a substantial nature and of a value which justifies a lease term exceeding 50 years.". (2) In section 137AA(4) of the Land Act 1958 omit "or in any other Act except this Act". 29 Terms and conditions At the end of section 140 of the Land Act 1958 insert— "(2) Despite subsection (1), a licence granted under section 138 may be for a term exceeding 10 years if the proposed licensee is leasing land adjacent to the land in respect of which the person may be granted a licence and the adjacent land is managed under this Act. s. 28 -- 42 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 38 (3) The term of the licence to which subsection (2) applies may be for a period not exceeding whichever is the lesser of the following— (i) 21 years; (ii) the term of the lease granted in respect of the adjacent land. (4) In granting a licence with a term exceeding 10 years under subsection (2), the person who grants the licence, must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease over the adjacent land.". 30 New licensing provisions in relation to activity providers and tour operators inserted After section 140G of the Land Act 1958 insert— "Tour operator licences 140H Offence to conduct organised tour or recreational activity on Crown land if unlicensed (1) A person must not conduct an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act unless that person holds a tour operator licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. s. 30 -- 43 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 39 (2) Subsection (1) does not apply to a person who conducts an activity on Crown land and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity. (3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1). 140I Grant of tour operator licence (1) The Minister or a person authorised by the Minister may grant a licence to a person to conduct an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act. (2) The Minister or a person authorised by the Minister may grant a licence under subsection (1) for a period not exceeding 10 years. 140J Application for tour operator licence (1) A person may apply for a tour operator licence to the Minister or a person authorised by the Minister in respect of the land on which the proposed tour or recreational activity is to take place. (2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide. s. 30 -- 44 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 40 (3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 140I. 140K Requirement to pay annual fee on grant of tour operator licence (1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force. (2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations. 140L Tour operator licence conditions A tour operator licence is subject to— (a) any conditions, determined by the Minister or a person authorised by the Minister that are specified or referred to in the licence; and (b) any prescribed conditions. 140M Contravention of condition an offence A holder of a tour operator licence must not contravene the conditions of the licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. s. 30 -- 45 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 41 140N Variation of licence to operate as activity provider or tour operator on Crown land (1) The holder of a tour operator licence may apply to the Minister or a person authorised by the Minister for a variation of the licence or a condition of the licence. (2) On receiving the application under subsection (1), the Minister or person authorised by the Minster may vary the licence or condition in accordance with the application. (3) A variation made by the Minister or person authorised by the Minister under subsection (2) has effect on the Minister or person authorised by the Minister giving written notice of the variation to the licence holder. (4) The Minister or a person authorised by the Minister may vary a tour operator licence, or vary a condition of that licence, of his or her motion if the Minister or the authorised person is of the opinion that a variation is required. (5) A variation made by the Minister or a person authorised by the Minister under subsection (4) has effect on the Minister or authorised person giving written notice of the variation to the licence holder. 140O Suspension of tour operator licence (1) If the Minister or a person authorised by the Minister is satisfied that there are reasonable grounds to do so, the Minister or authorised person may suspend a tour operator licence by notice in writing given to the holder of the licence. s. 30 -- 46 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 42 (2) A suspension under this section has effect— (a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and (b) subject to section 140P, for the period (not exceeding 90 days) specified in the notice. (3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must— (a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 140P; (b) specify a date or period by which the submissions must be made. 140P Making submissions on suspension (1) The holder of a tour operator licence whose licence has been suspended under section 140O may make written submissions in respect of that suspension to the Minister or a person authorised by the Minister within the period specified in the notice of suspension of licence. (2) The Minister or a person authorised by the Minister must review the decision to suspend the licence on receipt of any submissions made under subsection (1). (3) In carrying out a review under subsection (2), the Minister or a person authorised by the Minister— (a) must have regard to the submissions made under subsection (1); and s. 30 -- 47 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 43 (b) may decide to continue, revoke or amend the suspension. (4) The Minister or a person authorised by the Minister must notify the person whose licence has been suspended of the outcome of review. 140Q Cancellation of tour operator licence (1) The Minister or a person authorised by the Minister may cancel a tour operator licence if the Minister or authorised person is satisfied, on reasonable grounds, that— (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. (2) Before cancelling a tour operator licence, the Minister or a person authorised by the Minister must— (a) notify the holder that he or she proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a licence, the Minister or authorised person must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and s. 30 -- 48 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 44 (b) must notify the holder of his or her decision. (5) The cancellation of a licence has effect from the time specified in the notice of the Minister or authorised person's decision under subsection (4), which must be after the day on which the notice is given.". 31 New section 218 inserted After section 217 of the Land Act 1958 insert— "218 Leases may provide for removal of buildings and restoration of land A lease under this Act may provide that the lessor may require the lessee to undertake the removal of any building or structure on the land and the restoration of the site to the satisfaction of the lessor after the expiry of the lease.". 32 Reopening of licensed closed road or water frontage In section 407(1) of the Land Act 1958— (a) after "should be" insert "varied or"; (b) after "licensee," insert "vary or". 33 New section 413A inserted After section 413 of the Land Act 1958 insert— "413A Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and s. 31 -- 49 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 45 (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences 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 they apply; (e) the manner of payment of fees, including the payment of fees by instalment; (f) the time at which, or by which, fees are to be paid. (3) Regulations made under this Act in respect of tour operator licences may— (a) leave any matter or thing to be decided by a specified person or class of person; and s. 33 -- 50 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 46 (b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and (c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and (d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations. (4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund— (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; (b) may be subject to specified conditions.". 34 New Part XV inserted After Part XIV of the Land Act 1958 insert— "PART XV—TRANSITIONAL PROVISIONS 414 Definition In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009. s. 34 -- 51 of 77 -- Part 4—Amendment of the Land Act 1958 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 47 415 Leases for non-agricultural purposes Any lease granted under Subdivision 1 of Division 9 of Part I and in force immediately before the commencement of section 28 of the 2009 Act is, on and from that commencement, taken to be a lease that has always had effect as if section 137AA(3), as amended by section 28 of the 2009 Act, were enacted. 416 Tour operator licence offence (1) A person who conducts an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act without a tour operator licence on or after the commencement of section 30 of the 2009 Act, is not guilty of an offence under section 140H if the person has applied for a tour operator licence within 4 months from the commencement of section 30 of the 2009 Act. (2) Subsection (1) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined. __________________". __________________ s. 34 -- 52 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 48 PART 5—AMENDMENT OF THE NATIONAL PARKS ACT 1975 35 Definition Insert the following definition in section 3(1) of the National Parks Act 1975— "tour operator licence means a licence granted under section 27D;". 36 Secretary may grant certain permits etc. (1) In section 21(1)(c) of the National Parks Act 1975 after "in the park" insert "other than a trade or business in the park to which Division 3A applies". (2) At the foot of section 21(1) of the National Parks Act 1975 insert— "Note See Division 3A for the grant of tour operator licences to conduct organised tours or recreational activities in a park.". 37 New Division 3A inserted in Part III After Division 3 of Part III of the National Parks Act 1975 insert— s. 35 See: Act No. 8702. Reprint No. 12 as at 14 February 2008 and amending Act Nos 38/1989, 54/2008, 61/2008 and 6/2009. LawToday: www. legislation. vic.gov.au -- 53 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 49 "Division 3A—Tour operator licences 27C Offence to conduct organised tour or recreational activity in a park if unlicensed (1) A person must not conduct an organised tour or recreational activity for profit in a park unless that person holds a tour operator licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. (2) Subsection (1) does not apply to a person who conducts an activity in a park and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity. (3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1). 27D Grant of tour operator licence (1) The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit in a park to a person who has applied under section 27E. (2) The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years. s. 37 -- 54 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 50 27E Application for tour operator licence (1) A person may apply for a tour operator licence to the Secretary. (2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide. (3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 27D. 27F Requirement to pay annual fees after grant of tour operator licence (1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force. (2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations. 27G Tour operator licence conditions A tour operator licence is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the licence; and (b) any prescribed conditions. s. 37 -- 55 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 51 27H Contravention of condition an offence The holder of a tour operator licence must not contravene the conditions of the licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. 27I Variation of tour operator licence (1) The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence. (2) On receiving the application under subsection (1), the Secretary may vary the licence or condition in accordance with the application. (3) A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder. (4) The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required. (5) A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder. 27J Suspension of tour operator licence (1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence. s. 37 -- 56 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 52 (2) A suspension under this section has effect— (a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and (b) subject to section 27K, for the period (not exceeding 90 days) specified in the notice. (3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must— (a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 27K; (b) specify a date or period by which the submissions must be made. 27K Making submissions on suspension (1) The holder of a tour operator licence whose licence has been suspended under section 27J may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence. (2) The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1). (3) In carrying out a review under subsection (2), the Secretary— (a) must have regard to the submissions made under subsection (1); and (b) may decide to continue, revoke or amend the suspension. s. 37 -- 57 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 53 (4) The Secretary must notify the person whose licence has been suspended of the outcome of review. 27L Cancellation of tour operator licence (1) The Secretary may cancel a tour operator licence if the Secretary is satisfied, on reasonable grounds, that— (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. (2) Before cancelling a tour operator licence, the Secretary must— (a) notify the holder that he or she proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a tour operator licence, the Secretary must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and (b) must notify the holder of the Secretary's decision. s. 37 -- 58 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 54 (5) The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.". 38 Trades or businesses not to be carried on in parks unless authorised At the end of section 43 of the National Parks Act 1975 insert— "(2) In this section— "trade or business does not include a trade or business to which Division 3A of Part III applies.". 39 New section 48AA inserted (1) After section 48 of the National Parks Act 1975 insert— "48AA Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and s. 38 -- 59 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 55 (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences 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 they apply; (e) the manner of payment of fees, including the payment of fees by instalment; (f) the time at which, or by which, fees are to be paid. (3) Regulations made under this Act in respect of tour operator licences may— (a) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and (b) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and (c) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations. s. 39 -- 60 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 56 (4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund— (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; (b) may be subject to specified conditions.". 40 New sections 76 and 77 inserted After section 75 of the National Parks Act 1975 insert— "76 Definition In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009. 77 Tour operator licences (1) A person who conducts an organised tour or recreational activity for profit in a park without a tour operator licence on or after the commencement of section 37 of the 2009 Act, is not guilty of an offence under section 27C if the person applies for a tour operator licence within 4 months from the commencement of section 37 of the 2009 Act. s. 40 -- 61 of 77 -- Part 5—Amendment of the National Parks Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 57 (2) Subsection (1) applies to a person referred to under that subsection who makes the tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.". __________________ s. 40 -- 62 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 58 PART 6—AMENDMENT OF THE WILDLIFE ACT 1975 41 Definition Insert the following definition in section 3(1) of the Wildlife Act 1975— "tour operator licence means a licence granted under section 21B;". 42 New Part IIA inserted After Part II of the Wildlife Act 1975 insert— "__________________ PART IIA—TOUR OPERATOR LICENCES 21A Offence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed (1) A person must not conduct an organised tour or recreational activity for profit on a State Wildlife Reserve unless that person holds a tour operator licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. s. 41 See: Act No. 8699. Reprint No. 8 as at 29 February 2008 and amending Act Nos 16/2004 and 48/2008. LawToday: www. legislation. vic.gov.au -- 63 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 59 (2) Subsection (1) does not apply to a person who conducts an activity on a State Wildlife Reserve and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity. (3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1). 21B Grant of tour operator licence (1) The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit on a State Wildlife Reserve to a person who has applied under section 21C. (2) The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years. 21C Application for tour operator licence (1) A person may apply for a tour operator licence to the Secretary in respect of the land on which the proposed tour or recreational activity is to take place. (2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide. (3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B. s. 42 -- 64 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 60 21D Requirement to pay annual licence fee after grant of tour operator licence (1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force. (2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations. 21E Tour operator licence conditions A licence granted under section 21B is subject to— (a) any conditions, determined by the Secretary, that are specified or referred to in the licence; and (b) any prescribed conditions. 21F Contravention of condition an offence A holder of a tour operator licence must not contravene the conditions of the licence. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. 21G Variation of tour operator licence (1) The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence. s. 42 -- 65 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 61 (2) On receiving the application under subsection (1), the Secretary may vary the licence or condition in accordance with the application. (3) A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder. (4) The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required. (5) A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder. 21H Suspension of tour operator licence (1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence. (2) A suspension under this section has effect— (a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and (b) subject to section 21I, for the period (not exceeding 90 days) specified in the notice. s. 42 -- 66 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 62 (3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must— (a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I; (b) specify a date or period by which the submissions must be made. 21I Making submissions on suspension (1) The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence. (2) The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1). (3) In carrying out a review under subsection (2), the Secretary— (a) must have regard to the submissions made under subsection (1); and (b) may decide to continue, revoke or amend the suspension. (4) The Secretary must notify the person whose licence has been suspended of the outcome of review. 21J Cancellation of tour operator licence (1) The Secretary may cancel a tour operator licence if the Secretary is satisfied, on reasonable grounds, that— s. 42 -- 67 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 63 (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. (2) Before cancelling a tour operator licence, the Secretary must— (a) notify the holder of the licence that he or she proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. (4) In making a decision as to whether or not to cancel a tour operator licence, the Secretary must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and (b) must notify the holder of the Secretary's decision. (5) The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.". 43 Mandatory cancellation of licences In section 25A(4) of the Wildlife Act 1975— (a) in paragraph (a), after "Act" insert "(other than a tour operator licence)"; s. 43 -- 68 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 64 (b) in paragraph (b), after "Act" insert "(other than a tour operator licence)". 44 Consequential amendments In sections 25B(1), 25C(1) and 25D(1) of the Wildlife Act 1975, after "licence" (where first occurring) insert "under this Part". 45 New section 87A inserted After section 87 of the Wildlife Act 1975 insert— "87A Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters— (a) specific fees; s. 44 -- 69 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 65 (b) maximum fees; (c) minimum fees; (d) fees that vary according to the class of licence to which they apply; (e) the manner of payment of fees, including the payment of fees by instalment; (f) the time at which, or by which, fees are to be paid. (3) Regulations made under this Act in respect of tour operator licences may— (a) leave any matter or thing to be decided by a specified person or class of person; and (b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and (c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and (d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations. (4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund— s. 45 -- 70 of 77 -- Part 6—Amendment of the Wildlife Act 1975 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 66 (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; (b) may be subject to specified conditions.". 46 New section 96 inserted After section 95 of the Wildlife Act 1975 insert— "96 Tour operator licence offence (1) In this section— 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009. (2) A person who conducts an organised tour or recreational activity for profit on a State Wildlife Reserve without a tour operator licence on or after the commencement of section 42 of the 2009 Act, is not guilty of an offence under section 21A if the person applies for a tour operator licence within 4 months from the commencement of section 42 of the 2009 Act. (3) Subsection (2) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.". __________________ s. 46 -- 71 of 77 -- Part 7—Amendment of the Coastal Management Act 1995 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 67 PART 7—AMENDMENT OF THE COASTAL MANAGEMENT ACT 1995 47 Definition Insert the following definition in section 3(1) of the Coastal Management Act 1995— "relevant coastal recommendation means— (a) a recommendation of the Victorian Environmental Assessment Council relating to coastal Crown land that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001; or (b) a recommendation of the Land Conservation Council relating to coastal Crown land under section 5(1) of the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force), where the recommendation does not relate to land that is the subject of a recommendation to which paragraph (a) applies;". 48 Contents of management plan For section 31(2)(c) of the Coastal Management Act 1995 substitute— "(c) any relevant coastal recommendation.". s. 47 See: Act No. 8/1995. Reprint No. 1 as at 9 December 1999 and amending Act Nos 108/2004 and 80/2006. LawToday: www. legislation. vic.gov.au -- 72 of 77 -- Part 7—Amendment of the Coastal Management Act 1995 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 68 49 Decision of Minister For section 40(2)(c) of the Coastal Management Act 1995 substitute— "(c) any relevant coastal recommendation.". __________________ s. 49 -- 73 of 77 -- Part 8—Amendment of Other Acts Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 69 PART 8—AMENDMENT OF OTHER ACTS Division 1—Amendment of Conservation, Forests and Lands Act 1987 50 Secretary to be body corporate In section 6(1) of the Conservation, Forests and Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment". 51 Secretary to be subject to control In section 7(4) of the Conservation, Forests and Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment". Division 2—Amendment of Land (Revocations and Other Matters) Act 1991 52 Revocation of reservation and Crown grant In section 6(2) of the Land (Revocations and Other Matters) Act 1991, for "693" substitute "363". See: Act No. 41/1987. Reprint No. 7 as at 28 February 2008 and amending Act Nos 12/2008, 4/2009 and 6/2009. LawToday: www. legislation. vic.gov.au s. 50 See: Act No. 72/1991 LawToday: www. legislation. vic.gov.au -- 74 of 77 -- Part 8—Amendment of Other Acts Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 70 53 New section 12 inserted After section 11 of the Land (Revocations and Other Matters) Act 1991 insert— "12 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 The reference to Crown grant Volume 1347 Folio 693 in section 6(2) is taken to have always been a reference to Crown grant Volume 1347 Folio 363.". Division 3—Amendment of Fraser National Park Act 1957 54 Amendment of First Schedule In the fourth item of the First Schedule to the Fraser National Park Act 1957, for "651" substitute "651A". 55 New section 7 inserted After section 6 of the Fraser National Park Act 1957 insert— "7 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 The reference to Crown Grant Volume 6989 Folium 651 in the Title of the fourth item in the First Schedule is taken to have always been a reference to Crown Grant Volume 6989 Folium 651A.". __________________ s. 53 See: Act No. 6160 and amending Act No. 6326. LawToday: www. legislation. vic.gov.au -- 75 of 77 -- Part 9—Repeal of Amending Act Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 71 PART 9—REPEAL OF AMENDING ACT 56 Repeal of amending Act This Act is repealed on 1 July 2012. 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). ═══════════════ s. 56 -- 76 of 77 -- Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 No. 40 of 2009 72 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 May 2009 Legislative Council: 24 June 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, the Wildlife Act 1975, the Coastal Management Act 1995 and other Acts and for other purposes." Endnotes -- 77 of 77 --