Alpine Resorts (Management) (Amendment) Act 2004

Victorian Legislation Parliamentary Documents i Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—GENERAL AMENDMENTS TO THE ALPINE RESORTS (MANAGEMENT) ACT 1997 3 3. Insertion of new section 1A 3 1A. Object 3 4. Definitions 4 5. Contributions 4 6. Membership of the Council 4 7. Functions of the Council 5 8. Insertion of new Division 4 in Part 3 5 Division 4—Alpine Resorts Strategic Plan 5 33A. Preparation of Alpine Resorts Strategic Plan 5 33B. Contents of Plan 6 33C. Consideration of Plan by Minister 6 33D. Notice of endorsed Plan 7 33E. Tabling of copy of endorsed Plan 7 33F. Review of Plan 7 33G. Consideration by the Minister of review of Plan 9 33H. Land managers and other Authorities to take Plan into account 10 9. Ministerial directions 10 10. Functions of Boards 11 11. Insertion of new Division 4 in Part 4 12 Division 4—Strategic Management Plans for Alpine Resorts 12 56A. Preparation of Strategic Management Plans 12 56B. Contents of Strategic Management Plan 13 56C. Preparing the Strategic Management Plan 13 -- 1 of 31 -- Victorian Legislation Parliamentary Documents Section Page ii 56D. Consideration of Strategic Management Plan by Minister 14 56E. Notice of endorsed Strategic Management Plan 15 56F. Review of Strategic Management Plan 16 56G. Consideration by the Minister of review of Strategic Management Plan 17 56H. Land managers and other Authorities to take Strategic Management Plan into account 18 12. Regulation making powers 19 PART 3—PROVISION FOR THE MOUNT BULLER AND MOUNT STIRLING ALPINE RESORT MANAGEMENT BOARD 20 13. Board deemed to be committee of management 20 14. Establishment of the Mount Buller and Mount Stirling Alpine Resort Management Board 20 15. Functions of Boards 20 16. Substitution of Division 2 of Part 6 21 Division 2—Transitional Arrangements for Mount Buller Alpine Resort Management Board 21 66. Definitions 21 67. Transfer of property etc. from old Board to new Board 21 68. Staff to be transferred from the old Board to the new Board 22 Division 3—Transitional Arrangements for Mount Stirling Alpine Resort Management Board 25 69. Definitions 25 70. Transfer of property etc. from old Board to new Board 25 71. Staff to be transferred from the old Board to the new Board 26 ═══════════════ ENDNOTES 29 -- 2 of 31 -- Victorian Legislation Parliamentary Documents 1 Alpine Resorts (Management) (Amendment) Act 2004† [Assented to 25 May 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Alpine Resorts (Management) Act 1997— (a) to make provision in relation to an object for the Act and to make further provision in relation to the functions of the Alpine Resorts Co-ordinating Council and the Alpine Resort Management Boards; Victoria No. 24 of 2004 -- 3 of 31 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 2 (b) to provide for strategic planning for alpine resorts; (c) to provide for the amalgamation of certain Alpine Resort Management Boards; (d) to make other minor provisions in relation to the Act. 2. Commencement (1) This Act, other than Part 3, comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 3 comes into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 February 2005, it comes into operation on that day. __________________ s. 2 -- 4 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 3 PART 2—GENERAL AMENDMENTS TO THE ALPINE RESORTS (MANAGEMENT) ACT 1997 3. Insertion of new section 1A After section 1 of the Alpine Resorts (Management) Act 1997 insert— "1A. Object The object of this Act is to make provision in respect of alpine resorts— (a) for the development, promotion, management and use of the resorts on a sustainable basis and in a manner that is compatible with the alpine environment, having regard to— (i) environmental and ecological considerations, in particular, climate change; and (ii) economic considerations; and (iii) cultural heritage considerations, in particular, Indigenous cultural heritage considerations; and (b) for the use of the resorts— (i) primarily for alpine recreation and tourism; and (ii) in all seasons of the year; and (iii) by persons from varied cultural and economic groups.". See: Act No. 89/1997. Reprint No. 1 as at 15 December 1998 and amending Act Nos 49/2000, 50/2000 and 69/2000. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 4 4. Definitions In section 3 of the Alpine Resorts (Management) Act 1997— (a) insert the following definitions— ' "Alpine Resorts Strategic Plan" means the Alpine Resorts Strategic Plan endorsed under Division 4 of Part 3; "ski lift" means any mechanism (not being a vehicle) provided for the transport of persons up and between ski slopes; "Strategic Management Plan" means a Strategic Management Plan endorsed under Division 4 of Part 4;'; (b) in the definition of "Central Plan Office", for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment". 5. Contributions In section 13(1) of the Alpine Resorts (Management) Act 1997— (a) for "in the resort" substitute "for the resort"; (b) for "snowmaking." substitute "snowmaking;"; (c) at the end of the sub-section insert— "(j) transport.". 6. Membership of the Council In section 17(c) of the Alpine Resorts (Management) Act 1997, for "3" substitute "4". s. 4 -- 6 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 5 7. Functions of the Council Before section 18(a) of the Alpine Resorts (Management) Act 1997 insert— "(aa) to plan for and facilitate the establishment, development, promotion, management and use of alpine resorts in accordance with the object of this Act; (ab) to undertake research into alpine resort issues; (ac) to liaise with and encourage the co-operation of all State and local government authorities, industries, communities and other persons involved in the development, promotion, management and use of alpine resorts; (ad) to review and co-ordinate the implementation of the Alpine Resorts Strategic Plan; (ae) to monitor the development and implementation of Strategic Management Plans for each alpine resort;". 8. Insertion of new Division 4 in Part 3 After section 33 of the Alpine Resorts (Management) Act 1997 insert— "Division 4—Alpine Resorts Strategic Plan 33A. Preparation of Alpine Resorts Strategic Plan The Minister must cause an Alpine Resorts Strategic Plan to be prepared. s. 7 -- 7 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 6 33B. Contents of Plan (1) The Alpine Resorts Strategic Plan must set out— (a) the strategic objectives that are to be achieved in relation to alpine resorts; and (b) the main directions and principles that are to be followed to achieve the objectives; and (c) the strategic actions that may be taken to implement the Plan. (2) The Alpine Resorts Strategic Plan must be— (a) consistent with, and seek to achieve, the object of this Act; and (b) consistent with the purposes for which any land in each alpine resort that is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978 is so reserved. 33C. Consideration of Plan by Minister (1) The Minister must consider the Plan prepared under section 33A for the purpose of determining whether or not the Plan complies with section 33B and may— (a) endorse the Plan if he or she is of the opinion that it does so; or (b) require the Plan to be amended to ensure that it complies with section 33B, before endorsing the Plan. (2) The Minister may include in the Plan endorsed under sub-section (1)(a) or (b) any Government proposals for implementation of the Plan. s. 8 -- 8 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 7 33D. Notice of endorsed Plan (1) The Minister must cause notice of the endorsement of the Alpine Resorts Strategic Plan to be published in the Government Gazette as soon as practicable after it is endorsed under section 33C. (2) The Plan comes into operation on the date that notice is published in the Government Gazette or on any later day stated in the Plan. 33E. Tabling of copy of endorsed Plan On the Minister endorsing the Alpine Resorts Strategic Plan under section 33C, the Minister must cause a copy of the endorsed Plan to be laid before each House of Parliament within 7 sitting days after notice of that endorsement is published in the Government Gazette. 33F. Review of Plan (1) The Council must review the Alpine Resorts Strategic Plan— (a) at any time at the direction of the Minister; or (b) if no direction is given, at the end of 5 years following— (i) the endorsement of the Plan; or (ii) the completion of the last review of the Plan, being, if the Plan has been amended, the endorsement of the Plan as amended, or, if the Plan has not been amended, the endorsement of the decision by the Minister under section 33G(1)(b)(i) not to amend the Plan. s. 8 -- 9 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 8 (2) The Council may review the Plan at any time with the approval of the Minister. (3) In reviewing the Plan, the Council must consult with— (a) each Board; and (b) any Minister or public authority whose interests the Council considers are likely to be affected by the review; and (c) the municipal council of any municipal district which is adjacent to an alpine resort; and (d) the holders of leases over land in an alpine resort or of licences to use land in an alpine resort; and (e) any other persons or local organisations whose interests the Council considers are likely to be affected by the review. (4) The Council may comply with sub-section (3)(c), (d) and (e) by— (a) if the Plan is proposed to be amended, making the Plan as proposed to be amended available for inspection by the public for at least 4 weeks; and (b) publishing a notice in a newspaper circulating generally in the areas affected by the Plan, stating where and when the Plan as proposed to be amended can be inspected, and inviting public comment on the Plan by a set date; and (c) considering any comments made by the set date; and (d) making any appropriate changes to the Plan as proposed to be amended. s. 8 -- 10 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 9 (5) The Council may take any other steps it thinks appropriate to involve the community in the preparation of the Plan. (6) On completing the review of the Plan, the Council must refer its decision on the review of the Plan, to the Minister for consideration. 33G. Consideration by the Minister of review of Plan (1) The Minister must consider the decision of the Council referred to the Minister under section 33F(6) and may— (a) if the Council has proposed to amend the Plan— (i) endorse the Plan as proposed to be amended; or (ii) endorse the Plan with any further amendments the Minister considers appropriate; or (iii) refer the Plan back to the Council for further consideration; or (b) if the Council has not proposed to amend the Plan— (i) endorse the Council's decision not to amend the Plan; or (ii) endorse the Plan with any further amendments the Minister considers appropriate; or (iii) require the Council to further consider the Plan. s. 8 -- 11 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 10 (2) If the Minister has endorsed a Plan, as proposed to be amended under sub-section (1), sections 33D and 33E apply to the Plan as proposed to be amended in the same way as they apply to the Plan prepared under section 33A. (3) If the Minister has decided to endorse the Council's decision not to amend the Plan under sub-section (1)(b), the Minister must inform the Council, in writing of that decision, as soon as possible after making it. 33H. Land managers and other Authorities to take Plan into account In carrying out a function involving land management or land use planning— (a) on behalf of the Crown; or (b) under an Act— a Board, Minister, public authority, committee of management of reserved Crown land or municipal council must take all reasonable steps to give effect to the Alpine Resorts Strategic Plan.". 9. Ministerial directions (1) After section 36(1) of the Alpine Resorts (Management) Act 1997 insert— "(1A) The Minister may direct a Board of an alpine resort to expend or apply revenue of the Board for any purpose (whether or not related to an alpine resort for which the Board is established) being a purpose that is not inconsistent with the object of this Act.". (2) In section 36(2) of the Alpine Resorts (Management) Act 1997, after "sub-section (1)" insert "or (1A)". s. 9 -- 12 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 11 10. Functions of Boards (1) In section 38(1) of the Alpine Resorts (Management) Act 1997— (a) before paragraph (a) insert— "(aa) to plan for the development, promotion, management and use, of each such alpine resort in accordance with the object of this Act; (ab) to— (i) develop and promote; or (ii) facilitate the development or promotion by others of— the use of each such alpine resort in accordance with the object of this Act; (ac) to manage each such alpine resort in accordance with the object of this Act; (ad) to contribute to the development of the Alpine Resorts Strategic Plan and other strategic planning for alpine resorts as a whole; (ae) to undertake research into alpine resort issues; (af) to contribute to and support the operation of the Council; (ag) to prepare and implement a Strategic Management Plan for each such resort; (ah) to expend or apply revenue of the Board in accordance with a direction of the Minister under section 36(1A);"; s. 10 -- 13 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 12 (b) in paragraph (d)— (i) for sub-paragraph (ix) substitute— "(ix) snowmaking; (x) transport—"; (ii) for "in the resort" substitute "for the resort"; (c) paragraph (e) is repealed. (2) At the end of section 38 of the Alpine Resorts (Management) Act 1997 insert— "(3) In relation to Mount Stirling Alpine Resort, the Mount Stirling Alpine Resort Management Board must exercise its functions under sub-section (1) subject to the following principles— (a) that the resort must be planned for, developed, promoted and managed as a nature based tourist, recreational and educational resource for all seasons of the year; and (b) that there are not to be any ski lifts in the resort.". 11. Insertion of new Division 4 in Part 4 After Division 3 of Part 4 of the Alpine Resorts (Management) Act 1997 insert— "Division 4—Strategic Management Plans for Alpine Resorts 56A. Preparation of Strategic Management Plans As soon as practicable after the commencement of this section, the Board of an alpine resort must commence to prepare a Strategic Management Plan for the resort. s. 11 -- 14 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 13 56B. Contents of Strategic Management Plan (1) The Strategic Management Plan for an alpine resort— (a) must identify strategic objectives and directions for the promotion, management, use and development of the resort; and (b) must provide long term planning of the resort that— (i) gives clear direction for the future promotion, management, use and development of the resort in a manner that is consistent with the object of this Act; and (ii) ensures that the natural resources of the resort are used in a manner that is consistent with the object of this Act. (2) The Strategic Management Plan for an alpine resort must be consistent with— (a) the Alpine Resorts Strategic Plan; and (b) the purposes for which any land in the resort that is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978 is so reserved. 56C. Preparing the Strategic Management Plan (1) In preparing the Strategic Management Plan for an alpine resort, the Board must consult with— (a) the Council; and (b) any Minister or public authority whose interests the Board considers are likely to be affected by the Plan; and s. 11 -- 15 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 14 (c) the municipal council of any municipal district that is adjacent to the alpine resort; and (d) the holders of leases over land in the alpine resort or of licences to use land in the alpine resort; and (e) any other persons or local organisations whose interests the Board considers are likely to be affected by the Plan. (2) The Board may comply with sub-section (1)(c), (d) and (e) by— (a) making the proposed Plan available for inspection by the public for at least 4 weeks; and (b) publishing a notice in a newspaper circulating generally in the areas affected by the Plan, stating where and when the proposed Plan can be inspected, and inviting public comment by a set date; and (c) considering any comments made by the set date; and (d) making any appropriate changes to the proposed Plan. (3) The Board may take any other steps it thinks appropriate to involve the community in the preparation of the Plan. 56D. Consideration of Strategic Management Plan by Minister (1) On completing the preparation of the Strategic Management Plan, the Board of an alpine resort must refer the Plan to the Minister for consideration. s. 11 -- 16 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 15 (2) The Board of an alpine resort must ensure that the preparation of the Strategic Management Plan for the alpine resort is completed within 2 years of the commencement of section 11 of the Alpine Resorts (Management) (Amendment) Act 2004, or, with the prior approval of the Minister, at a later date. (3) The Minister must consider a Plan referred to him or her under sub-section (1) and may— (a) endorse the Plan; or (b) endorse the Plan with any amendments the Minister considers appropriate; or (c) refer the Plan back to the Board for further consideration. (4) The Minister may include in the Plan endorsed under sub-section (3)(a) or (b) any Government proposals for implementation of the Plan. 56E. Notice of endorsed Strategic Management Plan (1) The Minister must cause notice of the endorsement of the Strategic Management Plan for an alpine resort to be published in the Government Gazette as soon as practicable after it is endorsed under section 56D. (2) The Plan comes into operation on the date that notice is published in the Government Gazette or on any later day stated in the Plan. s. 11 -- 17 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 16 56F. Review of Strategic Management Plan (1) The Board of an alpine resort must review the Strategic Management Plan for the alpine resort— (a) at any time at the direction of the Minister; or (b) if no direction is given, at the end of 5 years following— (i) the endorsement of the Plan; or (ii) the completion of the last review of the Plan, being, if the Plan has been amended the endorsement of the Plan as amended, or, if the Plan has not been amended, the endorsement of the decision by the Minister under section 56G(1)(b)(i) not to amend the Plan. (2) The Board of an alpine resort may review the Strategic Management Plan for the resort at any time with the approval of the Minister. (3) In reviewing the Strategic Management Plan, the Board must consult with— (a) the Council; and (b) any Minister or public authority whose interests the Board considers are likely to be affected by the review; and (c) the municipal council of any municipal district which is adjacent to the alpine resort; and (d) the holders of leases over land in the alpine resort or of licences to use land in the alpine resort; and s. 11 -- 18 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 17 (e) any other persons or local organisations whose interests the Board considers are likely to be affected by the review. (4) The Board may comply with sub-section (3)(c), (d) and (e) by— (a) if the Plan is proposed to be amended, making the Plan, as proposed to be amended, available for inspection by the public for at least 4 weeks; and (b) publishing a notice in a newspaper circulating generally in the areas affected by the Plan, stating where and when the Plan as proposed to be amended can be inspected, and inviting public comment on the Plan by a set date; and (c) considering any comments made by the set date; and (d) making any appropriate changes to the Plan as proposed to be amended. (5) The Board may take any other steps it thinks appropriate to involve the community in the preparation of the Plan. (6) On completing the review of the Plan, the Board must refer its decision on the review to the Minister for consideration. 56G. Consideration by the Minister of review of Strategic Management Plan (1) The Minister must consider the decision of the Board referred to the Minister under section 56F(6) and may— (a) if the Board has proposed to amend the Plan— s. 11 -- 19 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 18 (i) endorse the Plan as proposed to be amended; or (ii) endorse the Plan with any further amendments the Minister considers appropriate; or (iii) refer the Plan back to the Board for further consideration; or (b) if the Board has not proposed to amend the Plan— (i) endorse the Board's decision not to amend the Plan; or (ii) endorse the Plan with any further amendments the Minister considers appropriate; or (iii) require the Board to further consider the Plan. (2) If the Minister has endorsed a Plan, as proposed to be amended under sub-section (1), section 56E applies to the Plan as proposed to be amended in the same way as it applies to the Plan prepared under section 56A. (3) If the Minister has decided to endorse the Board's decision not to amend the Plan under sub-section (1)(b), the Minister must inform the Board, in writing of that decision, as soon as possible after making it. 56H. Land managers and other Authorities to take Strategic Management Plan into account In carrying out a function involving land management or land use planning— (a) on behalf of the Crown; or s. 11 -- 20 of 31 -- Victorian Legislation Parliamentary Documents Part 2—General Amendments to the Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 19 (b) under an Act— a Minister, public authority, committee of management of reserved Crown land, municipal council or the Council must take all reasonable steps to give effect to the Strategic Management Plan for an alpine resort.". 12. Regulation making powers After section 57(1)(n) of the Alpine Resorts (Management) Act 1997 insert— "(na) the removal of vehicles (by means of lifting and carrying, or towing) that obstruct— (i) roads in any resort; or (ii) rights of way in any resort; or (iii) any other places in any resort that are open to access, by vehicle, by the public or employees or agents of a Board— to any other part of the resort, including— (iv) the empowering of authorised officers to so remove vehicles or cause vehicles to be so removed; and (v) the impounding of vehicles so removed until the payment of fees prescribed under this paragraph; and (vi) the prescribing of fees to be paid, representing the reasonable costs of any such removal and any such impounding of vehicles;". __________________ s. 12 -- 21 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 20 PART 3—PROVISION FOR THE MOUNT BULLER AND MOUNT STIRLING ALPINE RESORT MANAGEMENT BOARD 13. Board deemed to be committee of management (1) In section 4(4) of the Alpine Resorts (Management) Act 1997, for "Mount Buller Alpine Resort Management Board" substitute "Mount Buller and Mount Stirling Alpine Resort Management Board". (2) In section 4(6) of the Alpine Resorts (Management) Act 1997, for "Mount Stirling Alpine Resort Management Board" substitute "Mount Buller and Mount Stirling Alpine Resort Management Board". 14. Establishment of the Mount Buller and Mount Stirling Alpine Resort Management Board (1) For section 34(4) of the Alpine Resorts (Management) Act 1997 substitute— '(4) There is established, in respect of the Mount Buller Alpine Resort and the Mount Stirling Alpine Resort, a board to be called the "Mount Buller and Mount Stirling Alpine Resort Management Board".'. (2) Section 34(6) of the Alpine Resorts (Management) Act 1997 is repealed. 15. Functions of Boards (1) In section 38(1) of the Alpine Resorts (Management) Act 1997— (a) for "the alpine resort" substitute "each alpine resort"; (b) in paragraphs (a), (c), (d), (f) and (g), for "the resort" (wherever occurring) substitute "each such alpine resort". s. 13 -- 22 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 21 (2) In section 38(3) of the Alpine Resorts (Management) Act 1997, for "Mount Stirling Alpine Resort Management Board" substitute "Mount Buller and Mount Stirling Alpine Resort Management Board". 16. Substitution of Division 2 of Part 6 For Division 2 of Part 6 of the Alpine Resorts (Management) Act 1997 substitute— 'Division 2—Transitional Arrangements for Mount Buller Alpine Resort Management Board 66. Definitions In this Division— "commencement day" means the day on which Part 3 of the Alpine Resorts (Management) (Amendment) Act 2004 comes into operation; "old Board" means the Mount Buller Alpine Resort Management Board, within the meaning of this Act, as in force immediately before the commencement day; "new Board" means the Mount Buller and Mount Stirling Alpine Resort Management Board, within the meaning of this Act, as in force on and from the commencement day. 67. Transfer of property etc. from old Board to new Board Except as otherwise provided in this Act, on and from the commencement day— (a) the old Board is abolished and the members go out of office; and s. 16 -- 23 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 22 (b) all rights, property and assets that, immediately before the commencement day were vested in the old Board, vest in the new Board; and (c) all debts, liabilities and obligations of the old Board existing immediately before the commencement day, become debts, liabilities and obligations of the new Board; and (d) the new Board is substituted as a party to any proceedings pending in any court or tribunal to which the old Board was a party, immediately before the commencement day; and (e) the new Board is substituted as a party to any contract or arrangement entered into by or on behalf of the old Board and in force immediately before the commencement day; and (f) any reference to the old Board in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new Board. 68. Staff to be transferred from the old Board to the new Board (1) A person who was an employee of the old Board immediately before the commencement day is deemed to be an employee of the new Board. s. 16 -- 24 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 23 (2) A transferred employee is to be regarded as— (a) being employed in his or her new position with effect on and from the commencement day; and (b) having the same terms and conditions as those that applied to the transferred employee in relation to his or her employment with the old Board immediately before the commencement day; and (c) having accrued an entitlement to benefits in connection with the employment with the new Board that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day. (3) The service of a transferred employee with the new Board is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old Board. (4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Board because of the operation of this Division. s. 16 -- 25 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 24 (5) A certificate purporting to be signed by the chief executive officer of the new Board certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new Board, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee. (7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer. (8) Nothing in this section prevents— (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or (b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new Board. (9) In this section, "transferred employee" means an employee of the old Board who is deemed to be an employee of the new Board by sub-section (1). s. 16 -- 26 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 25 Division 3—Transitional Arrangements for Mount Stirling Alpine Resort Management Board 69. Definitions In this Division— "commencement day" means the day on which Part 3 of the Alpine Resorts (Management) (Amendment) Act 2004 comes into operation; "old Board" means the Mount Stirling Alpine Resort Management Board, within the meaning of this Act, as in force immediately before the commencement day; "new Board" means the Mount Buller and Mount Stirling Alpine Resort Management Board, within the meaning of this Act, as in force on and from the commencement day. 70. Transfer of property etc. from old Board to new Board Except as otherwise provided in this Act, on and from the commencement day— (a) the old Board is abolished and the members go out of office; and (b) all rights, property and assets that, immediately before the commencement day were vested in the old Board, vest in the new Board; and (c) all debts, liabilities and obligations of the old Board existing immediately before the commencement day, become debts, liabilities and obligations of the new Board; and s. 16 -- 27 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 26 (d) the new Board is substituted as a party to any proceedings pending in any court or tribunal to which the old Board was a party, immediately before the commencement day; and (e) the new Board is substituted as a party to any contract or arrangement entered into by or on behalf of the old Board and in force immediately before the commencement day; and (f) any reference to the old Board in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new Board. 71. Staff to be transferred from the old Board to the new Board (1) A person who was an employee of the old Board immediately before the commencement day is deemed to be an employee of the new Board. (2) A transferred employee is to be regarded as— (a) being employed in his or her new position with effect on and from the commencement day; and (b) having the same terms and conditions as those that applied to the transferred employee in relation to his or her employment with the old Board immediately before the commencement day; and s. 16 -- 28 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 27 (c) having accrued an entitlement to benefits in connection with the employment with the new Board that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day. (3) The service of a transferred employee with the new Board is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old Board. (4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old Board because of the operation of this Division. (5) A certificate purporting to be signed by the chief executive officer of the new Board certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new Board, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee. (7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer. s. 16 -- 29 of 31 -- Victorian Legislation Parliamentary Documents Part 3—Provision for the Mount Buller and Mount Stirling Alpine Resort Management Board Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 28 (8) Nothing in this section prevents— (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or (b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new Board. (9) In this section, "transferred employee" means an employee of the old Board who is deemed to be an employee of the new Board by sub-section (1).'. ═══════════════ s. 16 -- 30 of 31 -- Victorian Legislation Parliamentary Documents Alpine Resorts (Management) (Amendment) Act 2004 Act No. 24/2004 29 ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 April 2004 Legislative Council: 11 May 2004 The long title for the Bill for this Act was "to amend the Alpine Resorts (Management) Act 1997 and for other purposes." Endnotes -- 31 of 31 --