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This is a Bill, not an Act. For current law, see the Acts databases.
Marine and Coastal Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Definitions 3
4 Meaning of marine and coastal Crown land 9
5 Meaning of marine and coastal environment 10
6 Crown to be bound 11
Part 2--Objectives and guiding principles for the planning and
management of the marine and coastal environment 12
7 Objectives 12
8 Integrated coastal zone management 13
9 Ecosystem-based management 13
10 Ecologically sustainable development 14
11 Evidence-based decision-making 14
12 Precautionary principle 14
13 Proportionate and risk-based principle 14
14 Adaptive management 15
Part 3--Marine and Coastal Council 16
15 Establishment of the Marine and Coastal Council 16
16 Functions of the Council 16
17 Membership of the Council 17
18 Terms and conditions of appointment 17
19 Resignation and removal of members 18
20 Pecuniary and other interests of members 18
21 Procedure of meetings 19
22 Reporting 19
23 Committees of the Council 20
Part 4--Statewide Marine and Coastal Policy, Strategy and
Report 21
Division 1--Marine and Coastal Policy 21
24 Marine and Coastal Policy 21
25 Preparation of the Marine and Coastal Policy 21
26 Public consultation on the Marine and Coastal Policy 22
i
Clause Page
27 Endorsement of the Marine and Coastal Policy 23
28 Making and publication of the Marine and Coastal Policy 23
29 Amendment of the Marine and Coastal Policy 24
Division 2--Marine and Coastal Strategy 24
30 Marine and Coastal Strategy 24
31 Timeframes for the Marine and Coastal Strategy 25
32 Preparation of the Marine and Coastal Strategy 25
33 Public consultation on the Marine and Coastal Strategy 27
34 Endorsement of the Marine and Coastal Strategy 27
35 Making and publication of the Marine and Coastal Strategy 28
36 Amendment of the Marine and Coastal Strategy 28
Division 3--State of the Marine and Coastal Environment Report 29
37 State of the Marine and Coastal Environment Report 29
38 Timeframes for a State of the Marine and Coastal
Environment Report 29
39 Publication of State of the Marine and Coastal Environment
Report 30
Part 5--Reporting requirements and guidelines 31
40 Reporting requirements of the Department 31
41 Guidelines 31
Part 6--Regional marine and coastal planning 33
Division 1--Regional and strategic partnerships 33
42 Establishment of regional and strategic partnerships 33
43 Scope of regional and strategic partnerships 33
44 Publication of regional and strategic partnerships 34
45 Matters to which regional and strategic partnerships must have
regard 34
46 Preparation of products under regional and strategic
partnerships 34
47 Public consultation on products under regional and strategic
partnerships 35
48 Ministerial approval of products under regional and strategic
partnerships 36
Division 2--Environmental management plans 37
49 Environmental management plans 37
50 Scope of environmental management plans 37
51 Preparation of environmental management plans 38
52 Public consultation on environmental management plans 39
53 Making and publication of environmental management plans 39
54 Amendment of environmental management plans 40
55 Review of environmental management plans 40
ii
Clause Page
Part 7--Local marine and coastal management 41
Division 1--Coastal and marine management plans 41
56 Definition 41
57 Coastal and marine management plans 41
58 Scope of coastal and marine management plans 42
59 Preparation of coastal and marine management plans 42
60 Public consultation on coastal and marine management plans 44
61 Ministerial approval of coastal and marine management plans 44
62 Coastal and marine management plans and consents 45
63 Amendment of coastal and marine management plans 45
64 Review of coastal and marine management plans 45
Division 2--Consents 46
65 A person must obtain consent to use or develop marine and
coastal Crown land 46
66 A person must comply with the conditions of a consent other
than a reporting condition 46
67 A person must comply with a reporting condition of a consent 46
68 Applications for consents 47
69 Matters to which Minister must have regard in determining
applications for consents 47
70 Determination of applications for consents 48
71 Bonds 49
72 Management charges 50
73 Amendment of management charges 51
74 Further conditions of consents 52
Division 3--Coastal erosion 52
75 Minister may require advice on coastal erosion 52
Part 8--General obligations on Crown land managers 53
76 General obligations on Crown land managers 53
Part 9--Authorised officers 54
77 Authorised officer may request name and address 54
78 Authorised officer may direct a person on marine and coastal
Crown land 54
79 Authorised officer must produce identification 55
Part 10--General 56
80 Regulations 56
iii
Clause Page
Part 11--Repeal, savings and transitional provisions and
amendment of other Acts 58
Division 1--Repeal of Coastal Management Act 1995 58
81 Repeal of the Coastal Management Act 1995 58
Division 2--Savings and transitional provisions 58
82 Definitions 58
83 Victorian Coastal Strategy 58
84 Consents 59
85 Coastal Action Plans 59
Division 3--Amendment of other Acts 60
86 Catchment and Land Protection Act 1994 60
87 Climate Change Act 2017 60
88 Commissioner for Environmental Sustainability Act 2003 61
89 Conservation, Forests and Lands Act 1987 61
90 Crown Land (Reserves) Act 1978 62
91 Delivering Victorian Infrastructure (Port of Melbourne Lease
Transaction) Act 2016 63
92 Major Sporting Events Act 2009 63
93 Major Transport Projects Facilitation Act 2009 64
94 National Parks Act 1975 64
95 Offshore Petroleum and Greenhouse Gas Storage Act 2010 66
96 Planning and Environment Act 1987 66
97 Port Management Act 1995 67
98 Traditional Owner Settlement Act 2010 67
99 Wildlife Act 1975 68
100 Repeal of amending Division 68
═════════════
Endnotes 69
1 General information 69
iv
Marine and Coastal Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to establish an integrated and co-ordinated
whole-of-government approach to protect
and manage Victoria's marine and coastal
environment; and
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Marine and Coastal Act 2018
No. of 2018
Part 1--Preliminary
(b) to provide for integrated and co-ordinated
policy, planning, management, decision-
making and reporting across catchment,
coastal and marine areas; and
(c) to repeal and partially re-enact the Coastal
Management Act 1995; and
(d) to establish objectives and guiding principles
for ecologically sustainable planning,
management and decision-making under
this Act; and
(e) to replace the Victorian Coastal Council with
the Marine and Coastal Council; and
(f) to abolish the Regional Coastal Boards; and
(g) to provide for the preparation of a Marine
and Coastal Policy, a Marine and Coastal
Strategy, and a State of the Marine and
Coastal Environment Report; and
(h) to provide for the formation of regional and
strategic partnerships to address regional and
issue-based and integrated marine and
coastal planning; and
(i) to provide for other planning mechanisms in
the form of environmental management
plans and coastal and marine management
plans; and
(j) to provide for the giving of consents to use
or develop, or undertake works on, marine
and coastal Crown land and establish an
application process; and
(k) to allow coastal Catchment Management
Authorities and the Melbourne Water
Corporation to provide advice on matters
relating to and affecting coastal erosion; and
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Part 1--Preliminary
(l) to allow the Secretary to prepare and make
guidelines to assist with the implementation
of this Act; and
(m) to create offences and other enforcement
mechanisms relating to the unauthorised use
or development of, or works on, marine and
coastal Crown land; and
(n) to amend various other Acts to provide for
integrated and co-ordinated management of
the marine and coastal environment of
Victoria; and
(o) to provide for effective community
engagement and education in planning
and management.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 October 2018, it comes into
operation on that day.
3 Definitions
In this Act--
applicable Act means--
(a) the Catchment and Land Protection
Act 1994; or
(b) the Crown Land (Reserves) Act 1978;
or
(c) the Environment Protection
Act 1970; or
(d) the Fisheries Act 1995; or
(e) the Flora and Fauna Guarantee
Act 1988; or
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Part 1--Preliminary
(f) the Forests Act 1958; or
(g) the Geothermal Energy Resources
Act 2005; or
(h) the Greenhouse Gas Geological
Sequestration Act 2008; or
(i) the Heritage Act 2017; or
(j) the Land Act 1958; or
(k) the Marine (Drug, Alcohol and
Pollution Control) Act 1988; or
(l) the Marine Safety Act 2010; or
(m) the Mineral Resources (Sustainable
Development) Act 1990; or
(n) the National Parks Act 1975; or
(o) the Offshore Petroleum and
Greenhouse Gas Storage Act 2010; or
(p) the Petroleum Act 1998; or
(q) the Pipelines Act 2005; or
(r) the Planning and Environment
Act 1987; or
(s) the Pollution of Waters by Oil and
Noxious Substances Act 1986; or
(t) the Port Management Act 1995; or
(u) the Transport Integration Act 2010;
or
(v) the Underseas Mineral Resources
Act 1963; or
(w) the Water Act 1989; or
(x) the Wildlife Act 1975;
authorised officer has the same meaning as
in the Conservation, Forests and Lands
Act 1987;
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Part 1--Preliminary
Catchment Management Authority has the same
meaning as Authority has in the Catchment
and Land Protection Act 1994;
coastal and marine management plan means a
plan made under Division 1 of Part 7;
coastal Catchment Management Authority
means a Catchment Management Authority
whose waterway management district, in
whole or in part, overlaps with or abuts the
marine and coastal environment;
Commissioner for Environmental Sustainability
has the same meaning as Commissioner has
in section 8 of the Commissioner for
Environmental Sustainability Act 2003;
consent means--
(a) a consent given in a coastal and marine
management plan under section 62; or
(b) a consent given under section 70; or
(c) a prescribed consent;
Council means the Marine and Coastal Council
established under Part 3;
Crown land means land which is, or is taken to
be, unalienated land of the Crown and
includes--
(a) land of the Crown reserved
permanently or temporarily or set
aside by or under an Act; and
(b) land of the Crown occupied by a person
under a lease, licence or other right; and
(c) land of the Crown managed by a public
authority or committee of management;
and
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Part 1--Preliminary
(d) land of the Crown which is, or is part
of, a park within the meaning of the
National Parks Act 1975;
Crown land manager means a person or body
responsible for the management of Crown
land;
Department means the Department of
Environment, Land, Water and Planning;
development has the same meaning as in the
Planning and Environment Act 1987;
environmental management plan means a plan
made under Division 2 of Part 6;
marine and coastal Crown land has the meaning
given by section 4;
marine and coastal environment has the meaning
given by section 5;
Marine and Coastal Policy means a Marine and
Coastal Policy made under Division 1 of
Part 4;
Marine and Coastal Strategy means a Marine and
Coastal Strategy made under Division 2 of
Part 4;
marine environment means the following
between the outer limit of Victorian coastal
waters and the high-water mark of the sea--
(a) the land (whether or not covered by
water) to a depth of 200 metres below
the surface of that land;
(b) any water covering the land referred to
in paragraph (a) from time to time;
(c) the biodiversity associated with
the land and water referred to in
paragraphs (a) and (b);
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Part 1--Preliminary
Melbourne Water Corporation has the same
meaning as in the Water Act 1989;
municipal council has the same meaning as
Council has in the Local Government
Act 1989;
native title holder has the same meaning as in
section 224 of the Native Title Act 1993 of
the Commonwealth;
partner agency means a government or
non-government body that has an interest
in or connection with the marine and coastal
environment;
public authority means any body corporate or
unincorporate established by or under an Act
for a public purpose, but does not include a
municipal council or a committee of
management of reserved Crown land;
regional and strategic partnership means a
regional and strategic partnership established
under Division 1 of Part 6;
regional catchment strategy has the same
meaning as in the Catchment and Land
Protection Act 1994;
registered Aboriginal party has the same meaning
as in the Aboriginal Heritage Act 2006;
relevant coastal recommendation means--
(a) a recommendation of the Victorian
Environmental Assessment Council
relating to or affecting marine and
coastal Crown land that has been
accepted by the Government under
Part 3 of the Victorian Environmental
Assessment Council Act 2001; or
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Part 1--Preliminary
(b) a recommendation of the Land
Conservation Council relating to or
affecting marine and coastal Crown
land under section 5(1) of the Land
Conservation Act 1970 (as in force
immediately 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;
sea means the sea within the limits of Victoria and
includes--
(a) a bay; and
(b) an inlet; and
(c) an estuary; and
(d) the Gippsland Lakes; and
(e) any waters within the ebb and flow of
the tide, from time to time;
Secretary means the body corporate established
by Division 1 of Part 2 of the Conservation,
Forests and Lands Act 1987;
specified Aboriginal party, in relation to an area,
means any of the following--
(a) if there are native title holders for the
whole or part of the area--the native
title holders;
(b) if there is a traditional owner group
entity appointed for the whole or part
of the area and that traditional owner
group entity is a party to a recognition
and settlement agreement--the
traditional owner group entity;
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Part 1--Preliminary
(c) if there is a registered Aboriginal party
for the whole or part of the area--the
registered Aboriginal party;
State environment protection policy has the same
meaning as in the Environment Protection
Act 1970;
State of the Marine and Coastal Environment
Report means a State of the Marine and
Coastal Environment Report made under
Division 3 of Part 4;
traditional owner group has the same meaning
as in the Traditional Owner Settlement
Act 2010;
traditional owner group entity has the same
meaning as in the Traditional Owner
Settlement Act 2010;
use has the same meaning as in the Planning and
Environment Act 1987;
Victorian coastal waters has the same meaning as
the expression "coastal waters of the State"
has in relation to Victoria under the Coastal
Waters (State Powers) Act 1980 of the
Commonwealth;
waterway management district has the same
meaning as in the Water Act 1989;
works has the same meaning as in the Planning
and Environment Act 1987.
4 Meaning of marine and coastal Crown land
(1) Subject to this section, marine and coastal Crown
land means the following between the outer limit
of Victorian coastal waters and 200 metres inland
of the high-water mark of the sea--
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Part 1--Preliminary
(a) Crown land (whether or not covered by
water) to a depth of 200 metres below the
surface of that land;
(b) any water covering the land referred to in
paragraph (a) from time to time.
(2) In addition to subsection (1), marine and coastal
Crown land includes Crown land (whether or not
covered by water) and any water covering that
land to a depth of 200 metres below the surface
of that land and that is--
(a) more than 200 metres inland of the
high-water mark of the sea; and
(b) reserved under the Crown Land (Reserves)
Act 1978 for the purposes of the protection
of the coastline.
(3) The Governor in Council, by Order published
in the Government Gazette, may declare any
additional area of Crown land (whether or not
covered by water) and any water covering that
land to be marine and coastal Crown land for
the purposes of this Act.
(4) Any Crown land to which a declaration applies
under subsection (3) includes the land to a depth
of 200 metres below the surface of that land.
(5) The Governor in Council, by Order published in
the Government Gazette, may declare any area of
marine and coastal Crown land not to be marine
and coastal Crown land for the purposes of this
Act.
5 Meaning of marine and coastal environment
(1) Subject to this section, marine and coastal
environment means the following between
the outer limit of Victorian coastal waters and
5 kilometres inland of the high-water mark of
the sea--
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Part 1--Preliminary
(a) the land (whether or not covered by water) to
a depth of 200 metres below the surface of
that land;
(b) any water covering the land referred to in
paragraph (a) from time to time;
(c) the biodiversity associated with the land and
water referred to in paragraphs (a) and (b).
(2) The Governor in Council, by Order published in
the Government Gazette, may declare any
additional area of land (whether or not covered by
water), any water covering that land and the
biodiversity associated with that land and water to
be part of the marine and coastal environment for
the purposes of this Act.
(3) Any land to which a declaration applies under
subsection (2) includes the land to a depth of
200 metres below the surface of that land.
(4) The Governor in Council, by Order published in
the Government Gazette, may declare any area
that is within the marine and coastal environment
not to be part of the marine and coastal
environment for the purposes of this Act.
6 Crown to be bound
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
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Marine and Coastal Act 2018
No. of 2018
Part 2--Objectives and guiding principles for the planning and management
of the marine and coastal environment
Part 2--Objectives and guiding principles
for the planning and management of the
marine and coastal environment
7 Objectives
The objectives for the planning and management
of the marine and coastal environment are--
(a) to protect and enhance the marine and
coastal environment; and
(b) to promote the resilience of marine and
coastal ecosystems, communities and assets
to climate change; and
(c) to respect natural processes in planning for
and managing current and future risks to
people and assets from coastal hazards and
climate change; and
(d) to acknowledge traditional owner groups'
knowledge, rights and aspirations for land
and sea country; and
(e) to promote a diversity of experiences in the
marine and coastal environment; and
(f) to promote the ecologically sustainable use
and development of the marine and coastal
environment and its resources in appropriate
areas; and
(g) to improve community, user group and
industry stewardship and understanding of
the marine and coastal environment; and
(h) to engage with specified Aboriginal parties,
the community, user groups and industry in
marine and coastal planning, management
and protection; and
(i) to build scientific understanding of the
marine and coastal environment.
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Marine and Coastal Act 2018
No. of 2018
Part 2--Objectives and guiding principles for the planning and management
of the marine and coastal environment
8 Integrated coastal zone management
(1) It is a guiding principle for the management of the
marine and coastal environment that planning and
management should be co-ordinated and
integrated, as appropriate, across--
(a) the marine and coastal environment and
associated catchments; and
(b) the water cycle, including as it relates to
estuaries, oceans, bays and coastal waters,
groundwater and waterways, where this
affects the marine and coastal environment
and water quality; and
(c) industry sectors and users of the marine and
coastal environment; and
(d) land tenure where this affects the marine and
coastal environment.
(2) Planning and management should also take into
account long-term and short-term environmental,
social and economic considerations.
9 Ecosystem-based management
(1) It is a guiding principle for the management of the
marine and coastal environment that the
maintenance and, where appropriate, restoration
of marine and coastal ecosystem structure and
function is fundamental to the current and future
use and enjoyment of Victoria's marine and
coastal environment, its resources, and the
ecosystem services provided.
(2) An ecosystem-based approach should underpin
Victoria's marine and coastal planning and
management system, incorporating--
(a) avoiding detrimental cumulative or
incremental ecosystem impacts; and
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Part 2--Objectives and guiding principles for the planning and management
of the marine and coastal environment
(b) working with natural processes where
practical; and
(c) building ecosystem resilience to climate
change impacts where possible.
10 Ecologically sustainable development
It is a guiding principle for the management of the
marine and coastal environment that use and
development that affects the marine and coastal
environment should be focused on improving the
total quality of life of Victorians, across current
and future generations, in a way that maintains the
ecological processes on which life depends.
11 Evidence-based decision-making
It is a guiding principle for the management of the
marine and coastal environment that marine and
coastal planning and management decisions
should be based on best available and relevant
environmental, social and economic
understanding, recognising that information will
often be limited.
12 Precautionary principle
It is a guiding principle for the management of the
marine and coastal environment that if there are
threats of serious or irreversible environmental
and other damage, lack of full certainty should not
be used as a reason for postponing measures to
prevent environmental or other degradation.
13 Proportionate and risk-based principle
It is a guiding principle for the management of the
marine and coastal environment that risk
management and regulatory approaches should be
proportionate to the risk involved.
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Part 2--Objectives and guiding principles for the planning and management
of the marine and coastal environment
14 Adaptive management
It is a guiding principle for the management
of the marine and coastal environment that
decision-makers should learn from the outcomes
of operational programs and, in light of that,
change policies and practices.
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Marine and Coastal Act 2018
No. of 2018
Part 3--Marine and Coastal Council
Part 3--Marine and Coastal Council
15 Establishment of the Marine and Coastal Council
The Marine and Coastal Council is established.
16 Functions of the Council
(1) The Council has the following functions--
(a) to provide guidance and strategic advice to
the Minister on the development of the
Marine and Coastal Policy and the Marine
and Coastal Strategy;
(b) to provide advice to the Minister on the
implementation of the Marine and Coastal
Policy and the Marine and Coastal Strategy;
(c) to provide advice to the Minister, as
requested, on significant decisions under this
Act relating to or affecting the marine and
coastal environment;
(d) to provide advice to the Minister on matters
requiring scientific research;
(e) to advise the Secretary on the preparation of
guidelines made under this Act;
(f) to request the Minister to establish a regional
and strategic partnership;
(g) to provide advice to the parties of a regional
and strategic partnership on the preparation
of a product under the partnership;
(h) to provide advice to the Minister on the
preparation of environmental management
plans;
(i) to provide advice as requested by the
Minister on any matter relating to or
affecting the administration of the Act;
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Part 3--Marine and Coastal Council
(j) to carry out any other function conferred on
the Council by or under this Act or any other
Act.
(2) In performing its functions, the Council must have
regard to--
(a) the objectives set out in Part 2; and
(b) the guiding principles set out in Part 2.
17 Membership of the Council
(1) The Council consists of 7 to 9 members appointed
by the Minister.
(2) From among the members of the Council
appointed under subsection (1), the Minister must
appoint a chairperson and deputy chairperson.
(3) In making an appointment under this section, the
Minister must consider--
(a) a person's capacity to carry out the functions
of the Council; and
(b) a person's qualifications and experience in
relation to the functions of the Council.
18 Terms and conditions of appointment
(1) A member of the Council--
(a) is appointed for a term, specified in the
member's instrument of appointment, not
exceeding 5 years; and
(b) is eligible for re-appointment; and
(c) is otherwise subject to the terms and
conditions specified in the member's
instrument of appointment.
(2) A member of the Council is entitled to receive the
fees and travelling and other allowances from time
to time fixed in writing by the Minister in respect
of that member.
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Part 3--Marine and Coastal Council
19 Resignation and removal of members
(1) A member of the Council may resign in writing
sent to the Minister.
(2) The chairperson or deputy chairperson of the
Council may resign from the office of chairperson
or deputy chairperson in writing sent to the
Minister but still remain a member of the Council.
(3) The Minister at any time may remove a member
of the Council.
(4) If a member of the Council resigns or is removed
from office, the Minister may fill the vacant office
in accordance with this Part.
20 Pecuniary and other interests of members
(1) As soon as practicable after the relevant facts have
come to a member's knowledge, the member must
declare the nature of the interest at a meeting, if
that member--
(a) has a direct or indirect pecuniary interest in a
matter being considered or about to be
considered by the Council; or
(b) has an interest which would conflict with the
proper performance of the member's duties
in relation to a matter being considered or
about to be considered by the Council.
(2) A person presiding at a meeting at which a
declaration is made must make a record of the
declaration in the minutes of the meeting.
(3) After a declaration is made by a member under
subsection (1)--
(a) unless the Council otherwise directs, the
member must not be present during any
deliberation with respect to that matter; and
(b) the member is not entitled to vote on that
matter.
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Part 3--Marine and Coastal Council
(4) Despite subsection (3), if a declaration is made by
a member under subsection (1) and that member
subsequently votes on a matter which is the
subject of the declaration, the vote must be
disallowed.
21 Procedure of meetings
(1) A meeting of the Council must be presided over
by--
(a) the chairperson; or
(b) in the absence of the chairperson, the deputy
chairperson; or
(c) in the absence of both the chairperson and
the deputy chairperson, a member elected by
the members present at the meeting.
(2) The person presiding at a meeting has--
(a) a deliberative vote; and
(b) in the event of an equality of votes on any
question, a second or casting vote.
(3) A majority of members for the time being
constitutes a quorum of the Council.
(4) A question arising at a meeting must be
determined by a majority of votes of members
present and voting on that question.
(5) The Council may allow members to participate in
a meeting by electronic or other means of
communication.
(6) Subject to this Act, the Council may regulate its
own proceedings.
22 Reporting
(1) The Council must submit to the Minister on or
before 31 October in each year a report on the
performance of the Council's functions during the
financial year, including a summary of any advice
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Part 3--Marine and Coastal Council
the Council has given to the Minister during that
year.
(2) The Minister must ensure that a report under
subsection (1) is laid before both Houses of the
Parliament within 4 weeks after it is received or, if
Parliament is not then sitting, on the next sitting
day of Parliament.
23 Committees of the Council
(1) The Council may appoint any committees that it
considers necessary to assist the Council to
perform its functions under this Act.
(2) The membership of a committee is not restricted
to members of the Council.
(3) A member of a committee is entitled to receive the
fees and travelling and other allowances from time
to time fixed in writing by the Minister in respect
of that member.
(4) The Council may determine the procedure of each
committee.
20
Marine and Coastal Act 2018
No. of 2018
Part 4--Statewide Marine and Coastal Policy, Strategy and Report
Part 4--Statewide Marine and Coastal
Policy, Strategy and Report
Division 1--Marine and Coastal Policy
24 Marine and Coastal Policy
(1) The Minister must make a Marine and Coastal
Policy on matters relating to and affecting the
marine and coastal environment on or before
31 December 2019.
(2) The purposes of a Marine and Coastal Policy
are--
(a) to outline the policies applying to the marine
and coastal environment; and
(b) to provide guidance to decision-makers in
achieving the objectives set out in Part 2.
(3) A Marine and Coastal Policy must include a
marine spatial planning framework that
establishes a process for achieving integrated and
co-ordinated planning and management of the
marine environment.
25 Preparation of the Marine and Coastal Policy
(1) In preparing a Marine and Coastal Policy, the
Minister must ensure that the policy is consistent
with--
(a) the objectives set out in Part 2; and
(b) the guiding principles set out in Part 2.
(2) In addition to subsection (1), the Minister must
consider--
(a) subject to subsection (4), a State of the
Marine and Coastal Environment Report;
and
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(b) the legislation under which the land that
forms part of the marine and coastal
environment is managed, and any other
legislation applying to that land.
(3) In preparing a Marine and Coastal Policy, the
Minister must consult with--
(a) the Council; and
(b) any of the following persons or bodies whose
interests, in the opinion of the Minister, may
be affected by the policy--
(i) the responsible Minister of an
applicable Act;
(ii) a municipal council;
(iii) a specified Aboriginal party;
(iv) a public authority.
(4) If a State of the Marine and Coastal Environment
Report is not made before a Marine and Coastal
Policy is made under section 24(1), the "state of
the bays report" made under the Commissioner
for Environmental Sustainability Act 2003 is
taken to be a State of the Marine and Coastal
Environment Report for the purposes of
subsection (2)(a).
26 Public consultation on the Marine and Coastal
Policy
(1) Before making a Marine and Coastal Policy, the
Minister must publish--
(a) on the Internet site of the Department--
(i) a copy of the draft policy; and
(ii) a statement that submissions on the
draft policy may be made to the
Minister on or before a specified date,
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being at least 28 days after publication;
and
(b) in a newspaper circulating generally
throughout Victoria a notice that--
(i) summarises the contents of the draft
policy; and
(ii) specifies where a copy of the draft
policy can be obtained; and
(iii) states that submissions on the draft
policy may be made to the Minister on
or before a specified date, being at least
28 days after publication of the notice
in the newspaper.
(2) The Minister must consider any submissions
received on or before the specified date.
27 Endorsement of the Marine and Coastal Policy
The Minister must not make a Marine and Coastal
Policy before obtaining agreement to the contents
of the policy from--
(a) each responsible Minister of an applicable
Act; and
(b) any other Minister whose interests, in the
opinion of the Minister, may be affected by
the policy.
28 Making and publication of the Marine and Coastal
Policy
(1) After considering any submissions on a draft
Marine and Coastal Policy, the Minister must
make the policy with or without amendment.
(2) The Minister must publish notice of the making of
a Marine and Coastal Policy in the Government
Gazette.
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(3) A Marine and Coastal Policy comes into
operation--
(a) on the date on which the notice under
subsection (2) is published in the
Government Gazette; or
(b) on any later date specified in the notice.
(4) The Minister must ensure that the following
documents are published on the Internet site of the
Department--
(a) a copy of a Marine and Coastal Policy made
under this section;
(b) a copy of any amendment to a Marine and
Coastal Policy made under section 29;
(c) a consolidated version of a Marine and
Coastal Policy if amended under section 29.
29 Amendment of the Marine and Coastal Policy
(1) The Minister may amend a Marine and Coastal
Policy at any time with the agreement of any
responsible Minister of an applicable Act whose
interests, in the opinion of the Minister, may be
affected by the amendment.
(2) Sections 24 to 28 apply to the amendment of a
Marine and Coastal Policy as if the amendment
were a draft policy.
(3) Subsection (2) does not apply if the Minister
considers the amendment to be fundamentally
declaratory, machinery or administrative in nature.
Division 2--Marine and Coastal Strategy
30 Marine and Coastal Strategy
(1) The Minister must make a Marine and Coastal
Strategy on matters relating to and affecting the
marine and coastal environment.
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(2) The purpose of a Marine and Coastal Strategy is
to set out the actions required to implement the
Marine and Coastal Policy.
(3) A Marine and Coastal Strategy must include an
implementation plan that--
(a) contains proposed timeframes for the
implementation of actions; and
(b) identifies the agencies responsible for
delivering those actions.
(4) The Secretary is responsible for co-ordinating the
implementation of the Marine and Coastal
Strategy.
31 Timeframes for the Marine and Coastal Strategy
(1) The Minister must make a Marine and Coastal
Strategy within 12 months of making a Marine
and Coastal Policy.
(2) The Minister must prepare and make further
Marine and Coastal Strategies on or before every
fifth year after the making of the first strategy
under subsection (1).
(3) A Marine and Coastal Strategy must relate to the
period of 5 years starting on 1 January in the year
following its making.
32 Preparation of the Marine and Coastal Strategy
(1) In preparing a Marine and Coastal Strategy, the
Minister must ensure that the strategy is consistent
with--
(a) the objectives set out in Part 2; and
(b) the guiding principles set out in Part 2; and
(c) the Marine and Coastal Policy.
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(2) In addition to subsection (1), the Minister must
consider--
(a) subject to subsection (4), a State of the
Marine and Coastal Environment Report;
and
(b) the legislation under which the land that
forms part of the marine and coastal
environment is managed, and any other
legislation applying to that land.
(3) In preparing a Marine and Coastal Strategy, the
Minister must consult with--
(a) the Council; and
(b) any of the following persons or bodies whose
interests, in the opinion of the Minister, may
be affected by the strategy--
(i) the responsible Minister of an
applicable Act;
(ii) a municipal council;
(iii) a specified Aboriginal party;
(iv) a public authority.
(4) If a State of the Marine and Coastal Environment
Report is not made before a Marine and Coastal
Strategy is made under section 31(1), the "state of
the bays report" made under the Commissioner
for Environmental Sustainability Act 2003 is
taken to be a State of the Marine and Coastal
Environment Report for the purposes of
subsection (2)(a).
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33 Public consultation on the Marine and Coastal
Strategy
(1) Before making a Marine and Coastal Strategy, the
Minister must publish--
(a) on the Internet site of the Department--
(i) a copy of the draft strategy; and
(ii) a statement that submissions on the
draft strategy may be made to the
Minister on or before a specified date,
being at least 28 days after publication;
and
(b) in a newspaper circulating generally
throughout Victoria a notice that--
(i) summarises the contents of the draft
strategy; and
(ii) specifies where a copy of the draft
strategy can be obtained; and
(iii) states that submissions on the draft
strategy may be made to the Minister
on or before a specified date, being at
least 28 days after publication of the
notice in the newspaper.
(2) The Minister must consider any submissions
received on or before the specified date.
34 Endorsement of the Marine and Coastal Strategy
The Minister must not make a Marine and Coastal
Strategy before obtaining agreement to the
contents of the strategy from--
(a) each responsible Minister of an applicable
Act; and
(b) any other Minister whose interests, in the
opinion of the Minister, may be affected by
the strategy.
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35 Making and publication of the Marine and Coastal
Strategy
(1) After considering any submissions on a draft
Marine and Coastal Strategy, the Minister must
make the strategy with or without amendment.
(2) The Minister must publish notice of the making of
a Marine and Coastal Strategy in the Government
Gazette.
(3) A Marine and Coastal Strategy comes into
operation--
(a) on the date on which the notice under
subsection (2) is published in the
Government Gazette; or
(b) on any later date specified in the notice.
(4) The Minister must ensure that the following
documents are published on the Internet site of the
Department--
(a) a copy of a Marine and Coastal Strategy
made under this section;
(b) a copy of any amendment to a Marine and
Coastal Strategy made under section 36;
(c) a consolidated version of a Marine
and Coastal Strategy if amended under
section 36.
36 Amendment of the Marine and Coastal Strategy
(1) The Minister may amend a Marine and Coastal
Strategy at any time with the agreement of each
responsible Minister of an applicable Act whose
interests, in the opinion of the Minister, may be
affected by the amendment.
(2) Section 30 and sections 32 to 35 apply to the
amendment of a Marine and Coastal Strategy as if
the amendment were a draft strategy.
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(3) Subsection (2) does not apply if the Minister
considers the amendment to be fundamentally
declaratory, machinery or administrative in nature.
Division 3--State of the Marine and
Coastal Environment Report
37 State of the Marine and Coastal Environment
Report
(1) Subject to subsection (3), the Minister must cause
to be prepared and made a State of the Marine and
Coastal Environment Report.
(2) A State of the Marine and Coastal Environment
Report must include the following information--
(a) the condition of the marine and coastal
environment;
(b) the environmental, social and economic
benefits of the marine and coastal
environment;
(c) the threats to the marine and coastal
environment.
(3) The Minister may request the Commissioner for
Environmental Sustainability to prepare and make
a State of the Marine and Coastal Environment
Report.
(4) The Commissioner for Environmental
Sustainability must prepare and make a State of
the Marine and Coastal Environment Report if
requested by the Minister under subsection (3).
38 Timeframes for a State of the Marine and Coastal
Environment Report
(1) The Minister must cause to be made a State of
the Marine and Coastal Environment Report
within 5 years of making a Marine and Coastal
Policy.
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(2) The Minister must cause to be prepared and made
further State of the Marine and Coastal
Environment Reports on or before every fifth year
after the report is laid before each House of the
Parliament under section 39.
39 Publication of State of the Marine and Coastal
Environment Report
(1) The Minister must cause a copy of a State of the
Marine and Coastal Environment Report to be
laid before each House of the Parliament within
10 sitting days of that House after making the
report.
(2) The Minister, as soon as practicable after a State
of the Marine and Coastal Environment Report is
laid before each House of the Parliament under
subsection (1), must--
(a) publish the report on the Internet site of the
Department; and
(b) publish notice of the making of the report in
the Government Gazette, including
specifying where a copy of the report can be
obtained.
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Part 5--Reporting requirements
and guidelines
40 Reporting requirements of the Department
The Department must include in its annual report
for a financial year under Part 7 of the Financial
Management Act 1994--
(a) a summary of the implementation of a
Marine and Coastal Strategy during that
financial year; and
(b) a summary of any product made under a
regional and strategic partnership during that
financial year, including the status of the
implementation of the product; and
(c) a summary of the implementation of any
environmental management plans during that
financial year; and
(d) a summary of any consents given during that
financial year.
41 Guidelines
(1) The Secretary may make guidelines in relation
to--
(a) the Marine and Coastal Policy; and
(b) the Marine and Coastal Strategy; and
(c) any other matters regarding the
implementation of this Act.
(2) Without limiting subsection (1), guidelines may
be made for or with respect to any of the
following matters--
(a) the process for preparing and the content of
coastal and marine management plans;
(b) data collection and monitoring;
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(c) the location and design of structures in the
marine and coastal environment.
(3) The Secretary must consult with the Council
before making any guidelines under this section.
(4) On the making of any guidelines, the Secretary
must ensure that a copy of the guidelines is
published on the Internet site of the Department.
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Part 6--Regional marine and coastal planning
Part 6--Regional marine and
coastal planning
Division 1--Regional and strategic partnerships
42 Establishment of regional and strategic partnerships
(1) The Minister, by instrument, may establish a
regional and strategic partnership between 2 or
more partner agencies.
(2) The purposes of a regional and strategic
partnership are--
(a) to respond to an identified regional issue
relating to or affecting the marine and coastal
environment; and
(b) to prepare a product.
(3) The Council or a partner agency may request the
Minister to establish a regional and strategic
partnership.
(4) A regional and strategic partnership must be
established with the agreement of each partner
agency.
43 Scope of regional and strategic partnerships
(1) The instrument establishing a regional and
strategic partnership must include--
(a) the partner agencies to which the partnership
applies, including a lead partner agency; and
(b) the terms of reference of the partnership; and
(c) a statement of whether an implementation
plan is necessary for the purposes of the
partnership; and
(d) the reporting requirements in relation to the
partnership.
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(2) The functions of the lead partner agency are--
(a) to co-ordinate the preparation and
implementation of a product made under the
regional and strategic partnership; and
(b) to provide the Secretary with any
information required for the purposes of
reporting under section 40.
44 Publication of regional and strategic partnerships
The Minister must publish a copy of the
instrument establishing a regional and strategic
partnership in the Government Gazette.
45 Matters to which regional and strategic
partnerships must have regard
In performing a function as a regional and
strategic partnership, the parties to the partnership
must have regard to--
(a) the terms of reference of the partnership; and
(b) the scope of the issue being considered; and
(c) the timeframes for preparing and
implementing the product.
46 Preparation of products under regional and
strategic partnerships
(1) In preparing a product under a regional and
strategic partnership, the parties to the partnership
must ensure that the product is consistent with--
(a) the Marine and Coastal Policy; and
(b) the Marine and Coastal Strategy; and
(c) the objectives set out in Part 2; and
(d) the guiding principles set out in Part 2; and
(e) any guidelines made under section 41; and
(f) any regional catchment strategy applying to
any land affected by the product.
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(2) In addition to subsection (1), the parties to the
partnership must consider the legislation under
which the land that forms part of the marine and
coastal environment is managed, and any other
legislation applying to that land.
(3) In preparing a product under a regional and
strategic partnership, the parties to the partnership
must consult with--
(a) the Council; and
(b) any of the following persons or bodies whose
interests, in the opinion of the parties, may
be affected by the product--
(i) the responsible Minister of an
applicable Act;
(ii) a municipal council (if the municipal
council is not one of the parties);
(iii) a specified Aboriginal party;
(iv) a public authority.
47 Public consultation on products under regional and
strategic partnerships
(1) Before making a product under a regional and
strategic partnership, the lead partner agency of
the partnership must publish--
(a) on the Internet site of the Department--
(i) a summary of the proposed product;
and
(ii) a statement that submissions on the
proposed product may be made to the
lead partner agency on or before a
specified date, being at least 28 days
after publication; and
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(b) in a newspaper circulating throughout
Victoria a notice that--
(i) summarises the proposed product; and
(ii) specifies where a copy of the product
can be obtained; and
(iii) states that submissions on the proposed
product may be made to the lead
partner agency on or before a specified
date, being at least 28 days after
publication of the notice in the
newspaper.
(2) The parties to the partnership must consider any
submissions received on or before the specified
date.
48 Ministerial approval of products under regional and
strategic partnerships
(1) After considering any submissions in relation to a
proposed product under a regional and strategic
partnership, the parties to the partnership must
submit the proposed product to the Minister for
approval.
(2) The Minister must--
(a) approve the product with or without
amendment; or
(b) refuse to approve the product and direct the
regional and strategic partnership to amend
the product.
(3) The Minister must publish notice of the approval
of a product in the Government Gazette.
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(4) An approved product comes into operation--
(a) on the date on which the notice under
subsection (3) is published in the
Government Gazette; or
(b) on any later date specified in the notice.
Division 2--Environmental management plans
49 Environmental management plans
(1) The Minister must prepare and make an
environmental management plan on matters
relating to and affecting Port Phillip Bay.
(2) In addition to subsection (1), the Minister may
prepare and make an environmental management
plan in respect of any other area of the marine
environment.
(3) Until an environmental management plan on
matters relating to and affecting Port Phillip Bay
is made, the "Port Phillip Bay environmental
management plan" required under the State
environment protection policy (Waters of
Victoria) and made under the Environment
Protection Act 1970 is taken to be an
environmental management plan made under
this Division.
50 Scope of environmental management plans
An environmental management plan must
include--
(a) proposed actions to be undertaken to
improve water quality, protect beneficial
uses and to address threats relating to and
affecting the area in respect of which the
plan is prepared; and
(b) a description of how the plan promotes the
objectives of any State environment
protection policy applying to that area; and
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(c) an implementation plan, including proposed
timeframes for the implementation of actions
and the agencies responsible for delivering
those actions; and
(d) a framework to monitor, evaluate and report
on the implementation of the plan.
51 Preparation of environmental management plans
(1) In preparing an environmental management plan,
the Minister must ensure that the plan is consistent
with--
(a) the Marine and Coastal Policy; and
(b) the Marine and Coastal Strategy; and
(c) the objectives set out in Part 2; and
(d) the guiding principles set out in Part 2; and
(e) any guidelines made under section 41; and
(f) any regional catchment strategy applying to
any land affected by the plan; and
(g) any product made under a regional and
strategic partnership that applies to any land
affected by the plan.
(2) In addition to subsection (1), the Minister must
consider the legislation under which the land that
forms part of the marine environment is managed,
and any other legislation applying to that land.
(3) In preparing an environmental management plan,
the Minister must consult with--
(a) the Council; and
(b) any of the following persons or bodies whose
interests, in the opinion of the Minister, may
be affected by the plan--
(i) the responsible Minister of an
applicable Act;
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(ii) a municipal council;
(iii) a specified Aboriginal party.
52 Public consultation on environmental management
plans
(1) Before making an environmental management
plan, the Minister must publish--
(a) on the Internet site of the Department--
(i) a copy of the draft plan; and
(ii) a statement that submissions on the
draft plan may be made to the Minister
on or before a specified date, being at
least 28 days after publication; and
(b) in a newspaper circulating generally
throughout Victoria a notice that--
(i) summarises the contents of the draft
plan; and
(ii) specifies where a copy of the draft plan
can be obtained; and
(iii) states that submissions on the draft
plan may be made to the Minister on
or before a specified date, being at least
28 days after publication of the notice
in the newspaper.
(2) The Minister must consider any submissions
received on or before the specified date.
53 Making and publication of environmental
management plans
(1) After considering any submissions on a draft
environmental management plan, the Minister
must make the plan with or without amendment.
(2) The Minister must publish notice of the making of
an environmental management plan in the
Government Gazette.
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(3) An environmental management plan comes into
operation--
(a) on the date on which the notice under
subsection (2) is published in the
Government Gazette; or
(b) on any later date specified in the notice.
(4) The Minister must publish a copy of the
environmental management plan on the Internet
site of the Department.
54 Amendment of environmental management plans
(1) The Minister may amend an environmental
management plan at any time.
(2) Sections 49 to 53 apply to the amendment of an
environmental management plan as if the
amendment were a draft plan.
(3) Subsection (2) does not apply if the Minister
considers the amendment to be fundamentally
declaratory, machinery or administrative in nature.
55 Review of environmental management plans
(1) The Minister must cause a review to be made of
an environmental management plan no later than
5 years after the making of the plan.
(2) After reviewing an environmental management
plan, the Minister may amend the plan in
accordance with this Division.
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Part 7--Local marine and coastal management
Part 7--Local marine and
coastal management
Division 1--Coastal and marine
management plans
56 Definition
In this Division--
marine and coastal Crown land includes the
biodiversity associated with marine and
coastal Crown land.
57 Coastal and marine management plans
(1) Subject to this section, one or more Crown land
managers may prepare and make a coastal and
marine management plan on matters relating to
and affecting marine and coastal Crown land.
(2) The purpose of a coastal and marine management
plan is to provide direction for the future local
management of an area of marine and coastal
Crown land.
(3) The Minister may specify an area of marine and
coastal Crown land in respect of which a coastal
and marine management plan must be made.
(4) The Crown land manager in respect of the area
specified in subsection (3) must prepare and make
a coastal and marine management plan for that
area within 3 years after an area has been
specified under that subsection.
(5) If there is more than one Crown land manager in
respect of an area, a lead Crown land manager
responsible for the preparation and making of the
coastal and marine management plan must be
appointed by--
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(a) the Crown land managers; or
(b) if the Minister specifies an area under
subsection (3)--the Minister.
58 Scope of coastal and marine management plans
(1) A coastal and marine management plan must
include--
(a) an implementation plan, including proposed
timeframes for the implementation of actions
and the agencies responsible for delivering
those actions; and
(b) a framework to monitor, evaluate and report
on the implementation of the plan; and
(c) a description of the proposed use,
development and works for the area
to which the plan applies.
(2) In addition to subsection (1), a coastal and marine
management plan may--
(a) include a description of any proposed use,
development or works that may require
consent under section 70; and
(b) apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the plan; or
(ii) as in force at a particular time or as
amended from time to time.
59 Preparation of coastal and marine management
plans
(1) In preparing a coastal and marine management
plan, the Crown land manager must ensure that
the plan is consistent with--
(a) the Marine and Coastal Policy; and
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(b) the Marine and Coastal Strategy; and
(c) the objectives set out in Part 2; and
(d) the guiding principles set out in Part 2; and
(e) any guidelines made under section 41; and
(f) any regional catchment strategy applying to
any land affected by the plan; and
(g) any product made under a regional and
strategic partnership that applies to any land
affected by the plan.
(2) In addition to subsection (1), the Crown land
manager must consider the legislation under
which the land that forms part of marine and
coastal Crown land is managed, and any other
legislation applying to that land.
(3) In preparing a coastal and marine management
plan, the Crown land manager must consult
with--
(a) the Council; and
(b) any of the following persons or bodies whose
interests, in the opinion of any Crown land
manager to which the plan applies, may be
affected by the plan--
(i) the responsible Minister of an
applicable Act;
(ii) a municipal council;
(iii) a specified Aboriginal party;
(iv) a licence holder or lessee in respect of
marine and coastal Crown land.
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60 Public consultation on coastal and marine
management plans
(1) Before making a coastal and marine management
plan, the Crown land manager must publish in the
Government Gazette and in a newspaper
circulating generally throughout Victoria a notice
that--
(a) summarises the contents of the draft plan;
and
(b) specifies where a copy of the draft plan can
be obtained; and
(c) states that submissions on the draft plan may
be made to the Crown land manager on or
before a specified date, being at least 28 days
after publication.
(2) The Crown land managers must consider any
submissions received on or before the specified
date.
61 Ministerial approval of coastal and marine
management plans
(1) After considering any submissions in relation to a
draft coastal and marine management plan, the
Crown land manager must submit the draft plan to
the Minister for approval.
(2) The Minister must--
(a) approve the coastal and marine management
plan with or without amendment; or
(b) refuse to approve the coastal and marine
management plan and direct the Crown land
manager to amend the plan.
(3) The Minister must publish notice of the approval
of a coastal and marine management plan in the
Government Gazette.
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(4) A coastal and marine management plan comes
into operation--
(a) on the date on which the notice under
subsection (3) is published in the
Government Gazette; or
(b) on any later date specified in the notice.
(5) The Minister must publish on the Internet site of
the Department a copy of the coastal and marine
management plan.
62 Coastal and marine management plans and consents
When approving a coastal and marine
management plan, the Minister may give a
consent to any use, development or works that
may be undertaken in the area to which the plan
applies.
63 Amendment of coastal and marine management
plans
(1) The Minister may approve the amendment of a
coastal and marine management plan at any time.
(2) Sections 57 to 62 apply to the amendment of a
coastal and marine management plan as if the
amendment were a draft plan.
(3) Subsection (2) does not apply if the Minister
considers the amendment to be fundamentally
declaratory, machinery or administrative in nature.
64 Review of coastal and marine management plans
(1) The Crown land manager must cause a review to
be made of a coastal and marine management plan
no later than 5 years after the commencement of
the plan.
(2) After the review of a coastal and marine
management plan, the Minister may approve the
amendment of the plan in accordance with this
Division.
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Division 2--Consents
65 A person must obtain consent to use or develop
marine and coastal Crown land
(1) Subject to this Part, a person must not use or
develop, or undertake works on, marine and
coastal Crown land without a consent.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) Subsection (1) does not apply to any use or
development of, or works on, marine and coastal
Crown land that is a prescribed exemption.
66 A person must comply with the conditions of a
consent other than a reporting condition
A person to whom a consent has been given must
comply with a condition of that consent other than
a reporting condition.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
67 A person must comply with a reporting condition of
a consent
A person to whom a consent has been given must
comply with a reporting condition of that consent.
Penalty: In the case of a natural person,
12 penalty units;
In the case of a body corporate,
60 penalty units.
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Part 7--Local marine and coastal management
68 Applications for consents
(1) A person may apply to the Minister for a consent
to use or develop, or undertake works on, marine
and coastal Crown land.
(2) An application under subsection (1) must be made
in a form and manner approved by the Minister.
(3) If the responsible authority under the Planning
and Environment Act 1987 gives the Minister,
the Secretary or the Department, as a referral
authority under that Act, a copy of an application
under that Act for a permit for a use or
development of, or works on, marine and coastal
Crown land, that application is taken to be an
application under this section for a consent, unless
a consent has already been given under this
Division for that use or development or those
works.
69 Matters to which Minister must have regard in
determining applications for consents
In determining an application for a consent to use
or develop, or undertake works on, marine and
coastal Crown land, the Minister must ensure that
the consent is consistent with--
(a) the Marine and Coastal Policy; and
(b) the Marine and Coastal Strategy; and
(c) the objectives set out in Part 2; and
(d) the guiding principles set out in Part 2; and
(e) any product made under a regional and
strategic partnership that applies to any land
affected by the consent; and
(f) any environmental management plan
applying to that land;
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(g) any coastal and marine management plan
applying to that land; and
(h) any relevant coastal recommendation.
70 Determination of applications for consents
(1) After considering an application for a consent to
use or develop, or undertake works on, marine and
coastal Crown land, the Minister must make a
determination to--
(a) consent to the use, development or works; or
(b) refuse to consent to the use, development or
works; or
(c) consent to some but not all of the use,
development or works; or
(d) consent to the use, development or works,
subject to conditions.
(2) A consent may apply, adopt or incorporate any
matter contained in any document whether--
(a) wholly or partially or as amended by the
consent; or
(b) as in force at a particular time or as amended
from time to time.
(3) Subject to this section, the Minister must inform
the applicant in writing of the determination on or
before 60 business days after receiving the
application.
(4) The Minister, within the period referred to in
subsection (3), may request any additional
information that the Minister considers necessary
to assist the determination of the application.
(5) A request under subsection (4) must be made in
writing and include--
(a) the information to be provided; and
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Part 7--Local marine and coastal management
(b) the date by which the information must be
provided, being not less than 30 business
days after the request.
(6) If additional information is requested, the Minister
must determine the application within 30 business
days after receiving that additional information.
(7) An application for a consent to use or develop, or
undertake works on, marine and coastal Crown
land is taken to be refused if--
(a) the Minister fails to make a determination
within the time required under this section;
or
(b) the applicant fails to provide the additional
information requested by the Minister by the
specified date.
71 Bonds
(1) The Minister, in giving a consent under
section 70, may impose a condition on the
consent requiring the person to provide a
bond as security for the carrying out of the
use, development or works.
(2) The Minister may impose the condition by
directing the person--
(a) to deposit with the Secretary a sum of money
fixed by the Minister; and
(b) to deposit that sum within a period of time
determined by the Secretary; and
(c) to give an undertaking to pay that sum with
security in a form determined by or in
accordance with the consent.
(3) The condition may provide that the whole or part
of the sum is forfeited if there is any failure by the
person to carry out a use, development or works in
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Part 7--Local marine and coastal management
accordance with the consent or conditions of the
consent to the satisfaction of the Secretary.
(4) The Secretary must apply any forfeited sum for
the purposes of rehabilitating, rectifying or
reinstating the land.
(5) Any money paid must be returned to the person on
a date specified in the consent to the extent that
the money has not been forfeited.
(6) If any money paid by the person is paid into the
Consolidated Fund, and that money is returned to
the person under this section, the Consolidated
Fund is appropriated to the necessary extent to
enable the return of that money.
72 Management charges
(1) The Minister, in giving a consent under
section 70, may impose a condition requiring
the person to provide payment of a periodic
management charge in respect of the consent.
(2) The Minister may impose the condition by
directing the person--
(a) to provide to the Secretary a sum of money
fixed by reference to fee units within the
meaning of the Monetary Units Act 2004;
(b) to provide that sum within a period of time
determined by the Secretary.
(3) A management charge provided to the Secretary
under subsection (2) must be applied for the
purposes of managing the land in respect of which
the consent is given, including providing the
management charge to a Crown land manager.
(4) Any money provided that is not spent for the
purposes of managing the land in respect of which
the consent is given must be returned to the person
on a date specified in the consent.
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(5) If any money paid by the person is paid into the
Consolidated Fund, and that money is returned to
the person under this section, the Consolidated
Fund is appropriated to the necessary extent to
enable the return of that money.
(6) A Crown land manager to which a management
charge has been provided must provide the
Secretary with a summary of how the
management charge was applied during the
preceding financial year.
73 Amendment of management charges
(1) A Crown land manager may request the Minister
to increase or decrease a management charge
imposed under section 72.
(2) Before increasing the management charge, the
Minister must--
(a) notify the person that the Minister proposes
to increase the management charge; and
(b) allow the person an opportunity to make a
submission orally or in writing.
(3) A submission made under subsection (2) must be
made within the period specified in the notice.
(4) In determining whether to increase the
management charge, the Minister must--
(a) have regard to any submission made under
subsection (2); and
(b) notify the person of the Minister's
determination.
(5) The increase of a management charge takes effect
on the date specified in the notice of the Minister's
decision under subsection (4).
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Part 7--Local marine and coastal management
74 Further conditions of consents
(1) In addition to a condition imposed on a consent
under section 70, a consent may be subject to a
prescribed condition.
(2) A condition prescribed under subsection (1) may
be of general application or apply to a specified
class of consent.
(3) In the event of any inconsistency between a
condition imposed on a consent under section 70
and a condition prescribed under subsection (1),
the condition imposed under section 70 prevails.
Division 3--Coastal erosion
75 Minister may require advice on coastal erosion
(1) The Minister, by notice published in the
Government Gazette, may require a coastal
Catchment Management Authority or the
Melbourne Water Corporation to provide
technical advice on any matters relating to or
affecting coastal erosion in its waterway
management district, including matters relating to
or affecting the marine and coastal environment.
(2) A notice published under subsection (1) must
specify to whom that advice is to be provided.
(3) The Minister may specify that the advice be
provided to one or more of the following--
(a) the Minister;
(b) the Secretary;
(c) a municipal council;
(d) the community.
(4) A coastal Catchment Management Authority or
the Melbourne Water Corporation must comply
with a notice under this section.
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No. of 2018
Part 8--General obligations on Crown land managers
Part 8--General obligations on
Crown land managers
76 General obligations on Crown land managers
(1) In performing a function involving land
management on behalf of the Crown or under an
Act, a Crown land manager must take all
reasonable steps to implement the following in
respect of that land--
(a) the Marine and Coastal Policy;
(b) the Marine and Coastal Strategy;
(c) a product made under a regional and
strategic partnership;
(d) an environmental management plan;
(e) a coastal and marine management plan.
(2) In the event of any inconsistency between a
document referred to in subsection (1) and the
legislation under which any land affected by the
document is managed, or any other legislation
applying to that land, the legislation prevails over
the document.
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Part 9--Authorised officers
Part 9--Authorised officers
77 Authorised officer may request name and address
(1) An authorised officer may request a person to give
that person's name and address if the authorised
officer reasonably believes that--
(a) the person has contravened, or is
contravening, a consent given to that person;
or
(b) the person is carrying out an activity in
respect of which a consent is required but the
person does not have a consent.
(2) On the request of an authorised officer under
subsection (1), a person must not refuse or fail to
state the person's true name and address.
Penalty: 20 penalty units.
78 Authorised officer may direct a person on marine
and coastal Crown land
(1) An authorised officer may direct a person on
marine and coastal Crown land--
(a) to stop an activity being carried out by the
person if the authorised officer reasonably
believes that the activity constitutes a
contravention of the requirement to obtain a
consent or a contravention of a consent; or
(b) to remove any matter or thing from marine
and coastal Crown land if the person is
carrying out an activity and the authorised
officer reasonably believes that the matter or
thing results from a contravention of the
requirement to obtain a consent or a
contravention of a consent.
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Part 9--Authorised officers
(2) On the request of an authorised officer under
subsection (1), a person must not refuse or fail to
stop an activity or remove the matter or thing.
Penalty: 20 penalty units.
79 Authorised officer must produce identification
(1) Subject to subsection (2), an authorised officer
must produce the officer's identification for
inspection on request when exercising a power
under this Part.
(2) An authorised officer is not required to produce
the officer's identification if the request is
unreasonable in the circumstances.
(3) In this section--
identification, in relation to an authorised officer,
means a document that--
(a) sets out the name of the authorised
officer; and
(b) contains a photograph of the authorised
officer; and
(c) indicates the fact that the person named
in the document is authorised; and
(d) is in a form approved by the Secretary.
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Part 10--General
Part 10--General
80 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following--
(a) prescribing consents;
(b) prescribing conditions on a class or type of
consent;
(c) prescribing exemptions from the requirement
to obtain a consent;
(d) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may confer a power or impose a duty on a
specified person or class of persons; and
(d) may apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time or as
amended from time to time; and
(e) may leave anything (including consents or
consent conditions) for the approval or
satisfaction of a specified person or class of
persons; and
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Part 10--General
(f) may leave any matter or thing to be, from
time to time, determined, applied, dispensed
with or regulated by the Minister or the
Secretary; and
(g) may provide in a specified case or class of
cases for the exemption of persons or things
or a class of persons or things from any of
the provisions of the regulations whether
unconditionally or on specified conditions
and either wholly or to such an extent as is
specified; and
(h) may impose penalties not exceeding
20 penalty units for a contravention of
the regulations.
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No. of 2018
Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
Part 11--Repeal, savings
and transitional provisions and
amendment of other Acts
Division 1--Repeal of Coastal
Management Act 1995
81 Repeal of the Coastal Management Act 1995
The Coastal Management Act 1995 is repealed.
Division 2--Savings and
transitional provisions
82 Definitions
In this Division--
Coastal Action Plan means a Coastal Action Plan
endorsed under the old Act;
commencement day means the day on which
section 81 comes into operation;
old Act means the Coastal Management
Act 1995;
Victorian Coastal Strategy means a Victorian
Coastal Strategy endorsed under the old Act.
83 Victorian Coastal Strategy
(1) On the commencement day, the "policy for
decision-making" part of a Victorian Coastal
Strategy that is in effect immediately before that
day is taken to be a Marine and Coastal Policy
made under this Act.
(2) On the commencement day, the "actions" part of a
Victorian Coastal Strategy that is in effect
immediately before that day is taken to be a
Marine and Coastal Strategy made under this Act.
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
84 Consents
On the commencement day, a consent to use or
develop coastal Crown land under section 40 of
the old Act that is in effect immediately before
that day is taken to be a consent to use or develop,
or undertake works on, marine and coastal Crown
land under section 70 of this Act.
85 Coastal Action Plans
(1) Subject to this section, on the commencement day,
a Coastal Action Plan that is in effect immediately
before that day is taken to be a product made
under a regional and strategic partnership, until
the earlier of--
(a) the revocation of the Coastal Action Plan by
the Minister; or
(b) the passing of 10 years after the coming into
operation of this Act; or
(c) the specification by a product made under a
regional and strategic partnership that the
application of the product is intended to
substitute the application of the Coastal
Action Plan.
(2) Sections 51(1)(g), 59(1)(g), 69(e) and 76(1)(c)
apply to a Coastal Action Plan as if a reference in
those sections to a "product made under a regional
and strategic partnership" were a reference to a
"Coastal Action Plan".
(3) For the purposes of this section, a reference in the
Coastal Action Plan to a "Regional Coastal
Board" is to be read as a reference to the
Secretary.
(4) The Minister must publish notice of the revocation
of a Coastal Action Plan in the Government
Gazette.
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
Division 3--Amendment of other Acts
86 Catchment and Land Protection Act 1994
After section 24(3) of the Catchment and Land
Protection Act 1994 insert--
"(4) In preparing a regional catchment strategy,
an Authority must have regard to the Marine
and Coastal Policy and to the Marine and
Coastal Strategy if the region to which the
strategy applies abuts the coast.
(5) In this section--
Marine and Coastal Policy has the same
meaning as in the Marine and Coastal
Act 2018;
Marine and Coastal Strategy has the same
meaning as in the Marine and Coastal
Act 2018.".
87 Climate Change Act 2017
In Schedule 1 to the Climate Change Act 2017,
in the Table--
(a) in Column 1, for "Coastal Management
Act 1995" substitute "Marine and Coastal
Act 2018";
(b) in Column 2, for--
"Consideration by the Minister of a draft
Coastal Strategy under section 17.
The endorsement by the Minister of a
Coastal Action Plan under section 26."
substitute--
"Consideration by the Minister of a Marine
and Coastal Policy under Division 1 of
Part 4.
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Acts
Consideration by the Minister of a Marine
and Coastal Strategy under Division 2 of
Part 4.".
88 Commissioner for Environmental Sustainability
Act 2003
In section 8 of the Commissioner for
Environmental Sustainability Act 2003, after
paragraph (d) insert--
"(da) prepare and make a State of the Marine and
Coastal Environment Report under the
Marine and Coastal Act 2018 if requested
under that Act;".
89 Conservation, Forests and Lands Act 1987
(1) In section 3(1) of the Conservation, Forests and
Lands Act 1987 insert the following
definitions--
"coastal and marine management plan has the
same meaning as in the Marine and Coastal
Act 2018;
marine and coastal Crown land has the same
meaning as in the Marine and Coastal
Act 2018;".
(2) In section 11(3A) of the Conservation, Forests
and Lands Act 1987, for "Coastal Management
Act 1995" substitute "Marine and Coastal
Act 2018".
(3) At the end of section 82PA of the Conservation,
Forests and Lands Act 1987 insert--
"(5) The Traditional Owner Land Management
Board must ensure that a plan, to the extent
that the plan applies to marine and coastal
Crown land, is prepared having regard to the
requirements for preparing a coastal and
marine management plan in Division 1 of
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
Part 7 of the Marine and Coastal
Act 2018.".
(4) After section 82PB(6) of the Conservation,
Forests and Lands Act 1987 insert--
"(7) If appointed land under the plan is part of
land to which a coastal and marine
management plan applies, the management
plan for that land must be consistent with
that coastal and marine management plan.".
(5) In Schedule 1 to the Conservation, Forests and
Lands Act 1987--
(a) omit "Coastal Management Act 1995.";
(b) after "Land Conservation (Vehicle
Control) Act 1972." insert "Marine and
Coastal Act 2018.".
90 Crown Land (Reserves) Act 1978
(1) In section 3 of the Crown Land (Reserves)
Act 1978--
(a) the definition of coastal Crown land is
repealed;
(b) insert the following definitions--
"Marine and Coastal Council has the same
meaning as Council has in the Marine
and Coastal Act 2018;
marine and coastal Crown land means--
(a) land which is reserved either
temporarily or permanently
under this Act; and
(b) which is marine and coastal
Crown land within the meaning
of the Marine and Coastal
Act 2018;".
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
(2) In section 4(3) of the Crown Land (Reserves)
Act 1978, for "Victorian Coastal Council"
substitute "Marine and Coastal Council".
(3) In section 15(1)(c) of the Crown Land
(Reserves) Act 1978--
(a) in paragraph (i), for "Coastal Management
Act 1995" substitute "Marine and Coastal
Act 2018";
(b) in paragraph (ii), for "Coastal Management
Act 1995" substitute "Marine and Coastal
Act 2018".
91 Delivering Victorian Infrastructure (Port of
Melbourne Lease Transaction) Act 2016
(1) In section 3 of the Delivering Victorian
Infrastructure (Port of Melbourne Lease
Transaction) Act 2016, in the definition of
relevant land Ministers, for "Coastal
Management Act 1995" (where twice occurring)
substitute "Marine and Coastal Act 2018".
(2) In section 42(7) of the Delivering Victorian
Infrastructure (Port of Melbourne Lease
Transaction) Act 2016, in the definition of
relevant law, in paragraph (a), for "Coastal
Management Act 1995" substitute "Marine and
Coastal Act 2018".
92 Major Sporting Events Act 2009
For section 96 of the Major Sporting Events
Act 2009 substitute--
"96 Marine and Coastal Act 2018
Despite anything to the contrary in the
Marine and Coastal Act 2018, a consent is
not required under that Act for the
development or use of, or the undertaking of
works on, an event venue or event area if an
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
Acts non-application order specifies that the
Act does not apply.".
93 Major Transport Projects Facilitation Act 2009
In Schedule 1 to the Major Transport Projects
Facilitation Act 2009, in the Table--
(a) in Column 1, for "Coastal Management
Act 1995" substitute "Marine and Coastal
Act 2018";
(b) in Column 2, for--
"Consent under section 40(1)
Consent under section 37"
substitute--
"A consent given in a coastal and marine
management plan under section 62
A consent given under section 70.
A prescribed consent".
94 National Parks Act 1975
(1) In section 3(1) of the National Parks Act 1975
insert the following definitions--
"coastal and marine management plan has the
same meaning as in the Marine and Coastal
Act 2018;
marine and coastal Crown land has the same
meaning as in the Marine and Coastal
Act 2018;
Marine and Coastal Strategy has the same
meaning as in the Marine and Coastal
Act 2018;".
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Acts
(2) After section 17(4) of the National Parks
Act 1975 insert--
"(5) On and after the preparation of a Marine
and Coastal Strategy, the Secretary must
ensure that a management plan, to the
extent that the plan applies to marine and
coastal Crown land, is prepared having
regard to the requirements for preparing a
coastal and marine management plan in
Division 1 of Part 7 of the Marine and
Coastal Act 2018.".
(3) After section 17B(2) of the National Parks
Act 1975 insert--
"(3) On and after the preparation of a Marine
and Coastal Strategy, the Secretary must
ensure that a management plan, to the
extent that the plan applies to marine and
coastal Crown land, is prepared having
regard to the requirements for preparing a
coastal and marine management plan in
Division 1 of Part 7 of the Marine and
Coastal Act 2018.".
(4) After section 17D(4) of the National Parks
Act 1975 insert--
"(5) On and after the preparation of a Marine
and Coastal Strategy, the Secretary must
ensure that a management plan, to the
extent that the plan applies to marine and
coastal Crown land, is prepared having
regard to the requirements for preparing a
coastal and marine management plan in
Division 1 of Part 7 of the Marine and
Coastal Act 2018.".
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
(5) After section 18(3) of the National Parks
Act 1975 insert--
"(4) On and after the preparation of a Marine
and Coastal Strategy, the Secretary must
ensure that a management plan, to the
extent that the plan applies to marine and
coastal Crown land, is prepared having
regard to the requirements for preparing a
coastal and marine management plan in
Division 1 of Part 7 of the Marine and
Coastal Act 2018.".
(6) In section 40B(1) of the National Parks
Act 1975, for "Coastal Management Act 1995"
substitute "Marine and Coastal Act 2018".
95 Offshore Petroleum and Greenhouse Gas Storage
Act 2010
In section 64(3)(b) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010, for
"Coastal Management Act 1995" substitute
"Marine and Coastal Act 2018".
96 Planning and Environment Act 1987
(1) In section 61(3)(a) of the Planning and
Environment Act 1987, for "coastal Crown land
within the meaning of the Coastal Management
Act 1995" substitute "marine and coastal Crown
land within the meaning of the Marine and
Coastal Act 2018".
(2) In the heading to section 82AA of the Planning
and Environment Act 1987, for "coastal Crown
land" substitute "marine and coastal Crown
land".
(3) In section 82AA of the Planning and
Environment Act 1987, for "coastal Crown land
within the meaning of the Coastal Management
Act 1995" substitute "marine and coastal Crown
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Acts
land within the meaning of the Marine and
Coastal Act 2018".
97 Port Management Act 1995
(1) In section 3(1) of the Port Management
Act 1995, in the definition of coastal vested land,
for "coastal Crown land within the meaning of the
Coastal Management Act 1995" (where twice
occurring) substitute "marine and coastal Crown
land within the meaning of the Marine and
Coastal Act 2018".
(2) In section 44A(5)(a)(ii) of the Port Management
Act 1995, for "Coastal Management Act 1995"
substitute "Marine and Coastal Act 2018".
(3) In section 83 of the Port Management Act 1995,
in the definition of authorised person, for
"Coastal Management Act 1995" substitute
"Marine and Coastal Act 2018".
(4) In section 91A of the Port Management
Act 1995, in the definition of relevant
Ministers, for "Coastal Management Act 1995"
substitute "Marine and Coastal Act 2018".
98 Traditional Owner Settlement Act 2010
(1) In section 27(1) of the Traditional Owner
Settlement Act 2010, in the definition of public
land authorisation, for paragraph (f) substitute--
"(f) a consent within the meaning of the Marine
and Coastal Act 2018;".
(2) In section 28(o) of the Traditional Owner
Settlement Act 2010, for "management plan
under section 30 of the Coastal Management
Act 1995" substitute "coastal and marine
management plan under Division 1 of Part 7
of the Marine and Coastal Act 2018".
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Part 11--Repeal, savings and transitional provisions and amendment of other
Acts
(3) In section 29(k) of the Traditional Owner
Settlement Act 2010, for "management plan
under section 30 of the Coastal Management
Act 1995" substitute "coastal and marine
management plan under Division 1 of Part 7
of the Marine and Coastal Act 2018".
99 Wildlife Act 1975
After section 18(5) of the Wildlife Act 1975
insert--
"(6) On and after the preparation of a Marine and
Coastal Strategy, the Secretary must ensure
that a plan of management, to the extent that
the plan applies to marine and coastal Crown
land, is prepared having regard to the
requirements for preparing a coastal and
marine management plan in Division 1 of
Part 7 of the Marine and Coastal Act 2018.
(7) In this section--
coastal and marine management plan has
the same meaning as in the Marine
and Coastal Act 2018;
marine and coastal Crown land has the
same meaning as in the Marine and
Coastal Act 2018;
Marine and Coastal Strategy has the same
meaning as in the Marine and Coastal
Act 2018;".
100 Repeal of amending Division
This Division is repealed on 1 October 2019.
Note
The repeal of this Division does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
68
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to provide
for the integrated and co-ordinated planning and management of the
marine and coastal environment of Victoria, to repeal and partially re-
enact the Coastal Management Act 1995 and to amend various other
Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
69
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