Royal Botanic Gardens (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Royal Botanic Gardens (Amendment) Act 2003 Act No. 86/2003 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Amendment of definitions 2 4. Amendment of the objectives of the Act 3 5. Amendment of functions 3 6. Amendment of powers 3 7. Amendment of licensing power 4 8. Insertion of new section 24A 4 24A. Further power to lease land at Royal Botanic Gardens, Cranbourne 4 9. Consequential amendment 4 10. Insertion of new sections 50B and 50C 5 50B. Requirement to give name and address 5 50C. Authorised officers must identify themselves 6 11. Repeal of section 60 6 12. Insertion of new section 61 7 61. Savings provision for Chairperson and Deputy Chairperson 7 13. Period of appointment of Chairperson and Deputy Chairperson of Board 7 14. Repeal of Schedule 7 15. Further amendments to the Royal Botanic Gardens Act 1991 8 __________________ SCHEDULE—Amendment of Schedule 1 of the Royal Botanic Gardens Act 1991 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Victorian Legislation and Parliamentary Documents 1 Royal Botanic Gardens (Amendment) Act 2003† [Assented to 11 November 2003] The Parliament of Victoria enacts as follows: 1. Purposes The purposes of this Act are— (a) to amend the Royal Botanic Gardens Act 1991— (i) to make further provision in relation to licensing and leasing of the botanic gardens; and Victoria No. 86 of 2003 -- 2 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 2 (ii) to make further provision in relation to the term of appointment of Board members; and (iii) to make further provision for powers of authorised officers; and (b) to make other minor amendments to that Act. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Amendment of definitions (1) In section 3(1) of the Royal Botanic Gardens Act 1991— (a) in the definition of "botanic gardens", after "Schedule 1" insert ", as added to, removed or altered under sub-section (2)"; (b) insert the following definitions— ' "authorised officer" means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; "Royal Botanic Gardens, Cranbourne" means the lands for the time being described in Part 2 of Schedule 1, as added to, removed or altered under sub- section (2);'. (2) For section 3(2) of the Royal Botanic Gardens Act 1991 substitute— "(2) The Governor in Council, by Order published in the Government Gazette, may add an area of Crown land to or remove an area of Crown land from the Crown land shown in Part 2 of Schedule 1 or alter an s. 2 See: Act No. 87/1991. Reprint No. 1 as at 27 June 1996 and amending Act Nos 46/1998 and 76/1998. LawToday: www.dms. dpc.vic. gov.au -- 3 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 3 area of Crown land shown in Part 2 of Schedule 1.". 4. Amendment of the objectives of the Act In section 5 of the Royal Botanic Gardens Act 1991— (a) in paragraph (e), for "tourism." substitute "tourism;"; (b) after paragraph (e) insert— "(f) to provide for— (i) the carrying out of and contribution to research into biodiversity; and (ii) the conservation of biodiversity.". 5. Amendment of functions In section 11 of the Royal Botanic Gardens Act 1991— (a) for paragraph (d) substitute— "(d) to carry out and contribute to botanical and horticultural research and research into biodiversity;"; (b) for paragraph (h) substitute— "(h) to conserve biodiversity and increase the public awareness of the need for the conservation of biodiversity and the threat to biodiversity;". 6. Amendment of powers In section 14(m) of the Royal Botanic Gardens Act 1991, after "but" insert ", subject to section 24A,". s. 4 -- 4 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 4 7. Amendment of licensing power In section 24(2)(b) of the Royal Botanic Gardens Act 1991, for "5 years" substitute "10 years". 8. Insertion of new section 24A After section 24 of the Royal Botanic Gardens Act 1991 insert— "24A. Further power to lease land at Royal Botanic Gardens, Cranbourne (1) The Board may, with the approval of the Governor in Council, lease any part of the Royal Botanic Gardens, Cranbourne for the purpose of the carrying on of the business of a plant nursery. (2) A lease under sub-section (1)— (a) may be for any consideration, rental, fees or other terms that the Board thinks fit; and (b) must not be for a term of more than 21 years. (3) The total area of land leased under this section must not, at any particular time, be greater than 10 hectares. (4) This section has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978.". 9. Consequential amendment In section 50(d) of the Royal Botanic Gardens Act 1991 omit "within the meaning of section 3(1) of the Conservation, Forests and Lands Act 1987". s. 7 -- 5 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 5 10. Insertion of new sections 50B and 50C After section 50A of the Royal Botanic Gardens Act 1991 insert— "50B. Requirement to give name and address (1) If an authorised officer believes, on reasonable grounds, that a person has committed an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business. (2) In making a request under sub-section (1), the officer must inform the person of the grounds for his or her belief that the person has committed the offence. (3) A person must not, in response to a request under sub-section (1)— (a) refuse or fail to comply with the request without a reasonable excuse for doing so; or (b) state a name that is false in a material detail; or (c) state an address that is not the full and correct address of his or her ordinary place of residence or business. Penalty: 5 penalty units. (4) If a person states a name and address in response to a request under sub-section (1) and the officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address. s. 10 -- 6 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 6 (5) A person to whom a request under sub- section (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. (6) It is not an offence for a person to fail to comply with a request under sub-section (1) or (4)— (a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or (b) if the authorised officer did not identify himself or herself in accordance with section 50C before making the request. 50C. Authorised officers must identify themselves An authorised officer must produce proof of his or her identity and official status— (a) before exercising a power under section 50B; and (b) at any time during the exercise of a power under section 50B, if asked to do so.". 11. Repeal of section 60 Section 60 of the Royal Botanic Gardens Act 1991 is repealed. s. 11 -- 7 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 7 12. Insertion of new section 61 After section 60 of the Royal Botanic Gardens Act 1991 insert— "61. Savings provision for Chairperson and Deputy Chairperson Despite the commencement of section 13 of the Royal Botanic Gardens (Amendment) Act 2003, clause 3(3) of Schedule 2 to this Act, as in force immediately before that commencement, continues to apply, on and from that commencement, to the persons holding the office of Chairperson and Deputy Chairperson immediately before that commencement, until the expiry of the term of appointment of those persons as Chairperson and Deputy Chairperson.". 13. Period of appointment of Chairperson and Deputy Chairperson of Board For clause 3(3) of Schedule 2 to the Royal Botanic Gardens Act 1991 substitute— "(3) A person appointed as Chairperson or Deputy Chairperson holds office for the period that is specified in the instrument of his or her appointment to that office (which must not be longer than the remaining period of his or her appointment as a member). (3A) A person appointed as Chairperson or Deputy Chairperson is eligible for re- appointment to that office.". 14. Repeal of Schedule Schedule 4 to the Royal Botanic Gardens Act 1991 is repealed. s. 12 -- 8 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 8 15. Further amendments to the Royal Botanic Gardens Act 1991 The Royal Botanic Gardens Act 1991 is amended as set out in the Schedule. __________________ s. 15 -- 9 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 9 SCHEDULE AMENDMENT OF SCHEDULE 1 OF THE ROYAL BOTANIC GARDENS ACT 1991 For Part 2 of Schedule 1 to the Royal Botanic Gardens Act 1991 substitute— "PART 2—ROYAL BOTANIC GARDENS, CRANBOURNE ". ═══════════════ Sch. -- 10 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 86/2003 Royal Botanic Gardens (Amendment) Act 2003 10 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 September 2003 Legislative Council: 28 October 2003 The long title for the Bill for this Act was "to amend the Royal Botanic Gardens Act 1991 and for other purposes." Endnotes -- 11 of 11 --