Environment and Water Legislation (Miscellaneous Amendments) Act 2005

i Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—SUSTAINABLE FORESTS (TIMBER) ACT 2004 3 3. Amendment or variation of allocation order 3 4. Section 74 substituted 3 74. Expiry of suspension notice once matter remedied 3 PART 3—SAFETY ON PUBLIC LAND ACT 2004 5 5. Incorporation of documents 5 6. Declaration to be published 5 7. Regulation-making powers 6 PART 4—VICTORIAN CONSERVATION TRUST ACT 1972 7 8. New section 1A inserted 7 1A. Definitions 7 9. New section 3B inserted 7 3B. Tax and rating remissions 7 10. Constitution and quorum of Trust 8 11. New section 14 inserted 9 14. Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005 9 12. Repeal of spent amending Acts 10 PART 5—WATER ACT 1989 11 13. Preparation of draft management plan 11 14. Management plans 11 15. New sections 305C and 305D inserted—Water Act 1989 13 305C. Incorporation of documents in certain orders or other instruments 13 305D. Validation of certain orders or other instruments 14 -- 1 of 20 -- Section Page ii PART 6—MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1958 16 16. New sections 241A and 241B inserted—Melbourne and Metropolitan Board of Works Act 1958 16 241A. Incorporation of documents in certain orders or other instruments 16 241B. Validation of certain orders or other instruments 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- 1 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 † [Assented to 24 August 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to make miscellaneous amendments to the following Acts— (a) the Sustainable Forests (Timber) Act 2004; Victoria No. 48 of 2005 -- 3 of 20 -- Part 1—Preliminary Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 2 (b) the Safety on Public Land Act 2004; (c) the Victorian Conservation Trust Act 1972; (d) the Water Act 1989; (e) the Melbourne and Metropolitan Board of Works Act 1958. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 20 -- Part 2—Sustainable Forests (Timber) Act 2004 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 3 PART 2—SUSTAINABLE FORESTS (TIMBER) ACT 2004 3. Amendment or variation of allocation order For section 20(3) of the Sustainable Forests (Timber) Act 2004 substitute— "(3) If the Minister makes any amendment or variation to an allocation order as a result of a review referred to in section 18(1) or (2)(c) which reduces the timber resources allocated to VicForests, the amendment or variation must provide for the implementation of the reduction— (a) if the Minister and VicForests agree to a period (not exceeding 10 years) over which the reduction is to be implemented, in accordance with that agreed period; or (b) if no period is agreed for the implementation of the reduction under paragraph (a), at the expiry of 10 years after the date that the order amending or varying the allocation order takes effect.". 4. Section 74 substituted For section 74 of the Sustainable Forests (Timber) Act 2004 substitute— "74. Expiry of suspension notice once matter remedied (1) Subject to this Part, if the damage, risk, matter or activity to which a suspension notice relates is remedied to the satisfaction of an authorised officer, the authorised officer may issue a notification in writing that he or she is so satisfied to— See: Act No. 48/2004 and amending Act Nos 107/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 20 -- Part 2—Sustainable Forests (Timber) Act 2004 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 4 (a) the holder of the timber harvesting operator's licence to whom the suspension notice was issued; or (b) the person who has, or may reasonably be presumed to have, control over the timber harvesting operation in the State forest in respect of which the suspension notice was issued. (2) A suspension notice expires on notification being issued under sub-section (1).". __________________ s. 4 -- 6 of 20 -- Part 3—Safety on Public Land Act 2004 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 5 PART 3—SAFETY ON PUBLIC LAND ACT 2004 5. Incorporation of documents After section 4(2) of the Safety on Public Land Act 2004 insert— "(3) A declaration under sub-section (1) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by the declaration; or (b) as formulated, issued, prescribed or published at the time the declaration is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time.". 6. Declaration to be published For section 7(1) of the Safety on Public Land Act 2004 substitute— "(1) A public safety zone declaration must be published in the Government Gazette. (1A) The Secretary must cause notice of the making of a public safety zone declaration to be published— (a) in a newspaper circulating generally in the State; and (b) in a newspaper (if any) circulating generally in the area affected by the declaration. (1B) A notice published under sub-section (1A) must include details of where the public safety zone declaration may be inspected. See: Act No. 109/2004. LawToday: www.dms. dpc.vic. gov.au s. 5 -- 7 of 20 -- Part 3—Safety on Public Land Act 2004 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 6 (1C) The Secretary must cause a public safety zone declaration to be available for inspection by the public— (a) at the head office of the Department of Sustainability and Environment and the regional office of the Department of Sustainability and Environment (if any) in the area affected by the declaration; and (b) on the Internet.". 7. Regulation-making powers In section 24(2) of the Safety on Public Land Act 2004— (a) in paragraph (b), for "circumstance." substitute "circumstance;"; (b) after paragraph (b) insert— "(c) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time.". __________________ s. 7 -- 8 of 20 -- Part 4—Victorian Conservation Trust Act 1972 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 7 PART 4—VICTORIAN CONSERVATION TRUST ACT 1972 8. New section 1A inserted After section 1 of the Victorian Conservation Trust Act 1972 insert— '1A. Definitions In this Act— "Trust" means the Trust for Nature (Victoria) established by section 2; "trustee" means a person appointed under section 4.'. 9. New section 3B inserted After section 3A of the Victorian Conservation Trust Act 1972 insert— "3B. Tax and rating remissions (1) If any land is the subject of a covenant under section 3A(1) and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered, the Trust may so report to the Minister. (2) If the Minister has received a report under sub-section (1), the Minister may do one or both of the following— (a) with the consent of the Treasurer, make an order remitting, subject to sub- section (5), the whole or any part of the tax payable by the owner under the Land Tax Act 1958 that is attributable to the land concerned; and See: Act No. 8350. Reprint No. 3 as at 5 February 1998 and amending Act No. 85/1998. LawToday: www.dms. dpc.vic. gov.au s. 8 -- 9 of 20 -- Part 4—Victorian Conservation Trust Act 1972 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 8 (b) after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order remitting, subject to sub- section (5), the whole or any part of any relevant rates payable in respect of such land. (3) Any order made by the Minister under sub- section (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by the Minister. (4) The Commissioner of State Revenue and any rating authority concerned must comply with any order made by the Minister under this section. (5) Any land tax or rate remitted under this section during the preceding 5 years becomes payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs.". 10. Constitution and quorum of Trust In the Victorian Conservation Trust Act 1972— (a) in section 4, for "10 trustees" substitute "at least 6 trustees and not more than 10 trustees"; (b) in section 7(2) for "6 persons" substitute "a majority of the trustees for the time being". s. 10 -- 10 of 20 -- Part 4—Victorian Conservation Trust Act 1972 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 9 11. New section 14 inserted After section 13 of the Victorian Conservation Trust Act 1972 insert— '14. Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005 (1) On and from the commencement of Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, the Trust is deemed to be the same body as it was immediately before that commencement, despite the changes to the constitution and quorum of the Trust by Part 4 of that Act and no decision, matter or thing is to be affected because of those changes. (2) The trustees of the Trust holding office immediately before the commencement of Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005 continue to hold office after that commencement on the same terms and conditions on which they held office as trustees immediately before that commencement. (3) Despite the repeal of the Victoria Conservation Trust Act 1978 by Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, any order in force under section 4 of the Victoria Conservation Trust Act 1978 immediately before that repeal is deemed to be an order made under section 3B. s. 11 -- 11 of 20 -- Part 4—Victorian Conservation Trust Act 1972 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 10 (4) Despite the repeal of the Victoria Conservation Trust (Amendment) Act 1986 and the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995 by Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, a reference in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject-matter— (a) to the "Victoria Conservation Trust Act 1972" is deemed to be a reference to the "Victorian Conservation Trust Act 1972"; and (b) to the "Victoria Conservation Trust" or the "Victorian Conservation Trust" is deemed to be a reference to the Trust for Nature (Victoria).'. 12. Repeal of spent amending Acts The following Acts are repealed— (a) the Victoria Conservation Trust Act 1978; (b) the Victoria Conservation Trust (Amendment) Act 1986 (Act No. 64/1986); (c) the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995. __________________ s. 12 -- 12 of 20 -- Part 5—Water Act 1989 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 11 PART 5—WATER ACT 1989 13. Preparation of draft management plan After section 31(1) of the Water Act 1989 insert— "(1A) The consultative committee must consider any comments made by interested persons and make any appropriate changes to the draft management plan. (1B) On completion of the draft management plan, the consultative committee must refer it to the Minister for consideration.". 14. Management plans (1) In section 32A(3) of the Water Act 1989— (a) paragraph (e) is repealed; (b) in paragraph (f), for sub-paragraph (i) substitute— "(i) the level of groundwater declining below a specified level or specified average level; or". (2) After section 32A(6)(a) of the Water Act 1989 insert— "(ab) approve a draft management plan with any amendments the Minister considers appropriate; or". See: Act No. 80/1989. Reprint No. 7 as at 1 December 2003 and amending Act Nos 46/2003, 48/2003, 90/2003, 12/2004, 81/2004, 82/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 13 -- 13 of 20 -- Part 5—Water Act 1989 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 12 (3) After section 32A(7) of the Water Act 1989 insert— "(7A) If a draft management plan is refused, the Minister may— (a) appoint a consultative committee under section 29 to prepare a new draft management plan for the relevant water supply protection area; or (b) prepare a new draft management plan; or (c) abolish the water supply protection area under section 28; or (d) take any other action that the Minister considers appropriate in the circumstances. (7B) This Division applies to the preparation and approval of a new draft management plan referred to in sub-section (7A)(a) or (b) in the same way as it applies to a draft management plan.". (4) After section 32A(10) of the Water Act 1989 insert— "(10A) An approved management plan is not invalid merely because of a defect or irregularity in, or in connection with the approval of the plan.". s. 14 -- 14 of 20 -- Part 5—Water Act 1989 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 13 15. New sections 305C and 305D inserted—Water Act 1989 After section 305B of the Water Act 1989 insert— "305C. Incorporation of documents in certain orders or other instruments (1) An order or other instrument made under a section specified in sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by the order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order or other instrument is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (2) Sub-section (1) applies in respect of the following sections— (a) section 3(2); (b) section 4; (c) section 13; (d) section 22A; (e) section 27; (f) section 28; (g) section 32A; (h) section 32E; (i) section 96(11); (j) section 97; s. 15 -- 15 of 20 -- Part 5—Water Act 1989 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 14 (k) section 98; (l) section 104; (m) section 106; (n) section 107; (o) section 131; (p) section 160; (q) section 188; (r) section 202; (s) section 203; (t) section 205; (u) section 214; (v) section 215; (w) section 216; (x) section 218. 305D. Validation of certain orders or other instruments An order or other instrument made or purported to be made under section 3(2), 4, 13, 27, 28, 32A, 32E, 64A, 64B, 96(11), 97, 98, 104, 106, 107, 131, 160, 188, 202, 203, 205, 214, 215, 216 or 218 on or after 1 July 1984 and in force, or purportedly in force, immediately before the commencement of Part 5 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005 that would have been validly made if section 305C had been in operation at the time the relevant order or other instrument was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had— s. 15 -- 16 of 20 -- Part 5—Water Act 1989 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 15 (a) if section 305C had been in operation at that time; and (b) despite any failure or purported failure to comply with the requirements of section 32 of the Interpretation of Legislation Act 1984 in respect of that order or other instrument.". __________________ s. 15 -- 17 of 20 -- Part 6—Melbourne and Metropolitan Board of Works Act 1958 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 16 PART 6—MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1958 16. New sections 241A and 241B inserted—Melbourne and Metropolitan Board of Works Act 1958 After section 241 of the Melbourne and Metropolitan Board of Works Act 1958 insert— "241A. Incorporation of documents in certain orders or other instruments (1) An order or other instrument made under a section specified in sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by the order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order or other instrument is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. (2) Sub-section (1) applies in respect of the following sections— (a) section 3(3); (b) section 110; (c) section 201(2); (d) section 240A; (e) section 263; (f) section 270; See: Act No. 6310. Reprint No. 10 as at 1 August 2003 and amending Act No. 10/2005. LawToday: www.dms. dpc.vic. gov.au s. 16 -- 18 of 20 -- Part 6—Melbourne and Metropolitan Board of Works Act 1958 Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 17 (g) section 278; (h) section 285. 241B. Validation of certain orders or other instruments An order or other instrument made or purported to be made under section 3(3), 110, 201(2), 240A, 263, 270, 278 or 285 on or after 1 July 1984 and in force, or purportedly in force, immediately before the commencement of Part 6 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005 that would have been validly made if section 241A had been in operation at the time the relevant order or other instrument was made or purported to be made has, and is deemed always to have had, the same force and effect as it would have had— (a) if section 241A had been in operation at that time; and (b) despite any failure or purported failure to comply with the requirements of section 32 of the Interpretation of Legislation Act 1984 in respect of that order or other instrument.". ═══════════════ s. 16 -- 19 of 20 -- Environment and Water Legislation (Miscellaneous Amendments) Act 2005 Act No. 48/2005 18 ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 May 2005 Legislative Council: 16 August 2005 The long title for the Bill for this Act was "to make miscellaneous amendments to the Sustainable Forests (Timber) Act 2004, the Safety on Public Land Act 2004, the Victorian Conservation Trust Act 1972, the Water Act 1989 and the Melbourne and Metropolitan Board of Works Act 1958 and for other purposes." Endnotes -- 20 of 20 --