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Alpine Resorts (Management) (Amendment) Bill
Circulation Print
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EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the commencement of the Bill.
PART 2--GENERAL AMENDMENTS TO THE ALPINE
RESORTS (MANAGEMENT) ACT 1997
Clause 3 inserts a new section 1A into the Act, specifying the object of the
Act. The object of the Act is to provide for the development,
promotion, management and use of alpine resorts while having
regard to environmental, economic and cultural heritage
considerations. The use of alpine resorts is to be primarily for
alpine recreation and tourism, in all seasons of the year, by
persons from varied cultural and economic groups.
Clause 4 inserts definitions of "Alpine Resorts Strategic Plan", "ski lift"
and "Strategic Management Plan" in section 3 of the Act.
This clause also amends the definition of "Central Plan Office",
to reflect machinery of government changes.
Clause 5 amends section 13 of the Act so that the Alpine Resort
Management Boards ('the Boards') may recover contributions for
the provision of services "for the resort" and not only "in the
resort" as at present. This clause also adds transport services to
the list of services for which contributions may be fixed.
Clause 6 amends section 17 of the Act to increase the number of persons
to be appointed to the Alpine Resorts Co-ordinating Council
('the Council') by the Governor in Council, on the
recommendation of the Minister, from 3 to 4 persons.
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Clause 7 inserts additional functions of the Council into section 18 of the
Act. These additional functions are planning and facilitating the
establishment, development, promotion, management and use of
alpine resorts; undertaking research into alpine resort issues;
liaising with and encouraging the co-operation of government
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authorities and the community in the development, promotion,
management and use of alpine resorts; reviewing and
co-ordinating the implementation of the Alpine Resorts Strategic
Plan; and monitoring the development and implementation of
Strategic Management Plans for each alpine resort.
Clause 8 inserts a new Division 4 in Part 3 of the Act. The new Division
sets out the process for the preparation and review of the Alpine
Resorts Strategic Plan and specifies the contents of the Plan.
It provides that a Board, Minister or public authority must take
all reasonable steps to give effect to the Plan when carrying out
land management or land use planning functions.
Clause 9 inserts a new sub-section (1A) in section 36 of the Act. This sub-
section provides that the Minister may direct a Board to expend
funds or apply revenue of that Board for any purpose that is not
inconsistent with the object of the Act.
Clause 10 inserts additional functions of Boards into section 38(1) of the
Act. These additional functions are planning for the
development, promotion, management and use of alpine resorts;
developing and promoting the use of each alpine resort;
managing the resorts in accordance with the object of the Act;
contributing to the development of the Alpine Resorts Strategic
Plan; undertaking research into alpine resort issues; contributing
to and supporting the operation of the Council; preparing and
implementing Strategic Management Plans; and expending or
applying revenue in accordance with a direction of the Minister.
This clause also clarifies that a Board may seek contributions
from lessees of Crown land or occupiers of other lands within a
resort to cover the cost of transport services that are provided by
the Board.
This clause also makes it a requirement that the Mount Stirling
Alpine Resort be managed as a nature based tourist, recreational
and educational resource for all seasons of the year and that ski
lifts not be installed at that resort.
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Clause 11 inserts a new Division 4 in Part 4 of the Act. This clause
provides a process for the preparation and review of Strategic
Management Plans for each resort. It also outlines the required
contents of each Plan. The Plan must be consistent with the
Alpine Resorts Strategic Plan. It provides that the Council, a
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Minister or a public authority must take all reasonable steps to
give effect to the Plan when carrying out land management or
land use planning functions.
Clause 12 inserts an additional regulation making power into section 57(1)
of the Act. This clause provides that the Governor in Council
may make regulations with respect to the removal and
impoundment of vehicles that obstruct roads, rights of way and
other trafficable areas within alpine resorts. It also provides that
fees may be charged to cover the reasonable cost of such removal
and impoundment. This regulation making power is not intended
to affect the powers of police or authorised tow trucks under the
Transport Act 1983 in relation to the towing of vehicles
involved in accidents.
PART 3--PROVISION FOR THE MOUNT BULLER AND
MOUNT STIRLING ALPINE RESORTS MANAGEMENT
BOARD
Clause 13 amends section 4 of the Act to provide that, upon its
establishment, the "Mount Buller and Mount Stirling Alpine
Resort Management Board" will be deemed to be the committee
of management under the Crown Land (Reserves Act) 1978 for
both the Mount Buller Alpine Resort and the Mount Stirling
Alpine Resort.
Clause 14 amends section 34 of the Act to provide for the establishment of
a new Board called the "Mount Buller and Mount Stirling Alpine
Resort Management Board" that will replace the "Mount Buller
Alpine Resort Management Board" and the "Mount Stirling
Alpine Resort Management Board".
Clause 15 provides that the functions of the Boards listed in section 38(1) of
the Act apply equally to the Mount Buller and Mount Stirling
Alpine Resort Management Board, even though it will be
responsible for the management of more than one alpine resort.
This clause also provides that the requirements in section 38(3)
of the Act will apply to the Mount Buller and Mount Stirling
Alpine Resort Management Board in the same way as they
applied to the Mount Stirling Alpine Resort Management Board.
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Clause 16 inserts new Divisions 2 and 3 into Part 6 of the Act to provide for
transitional arrangements dealing with the transfer of property
and staff from the Mount Buller Alpine Resort Management
Board and the Mount Stirling Alpine Resort Management Board
to the Mount Buller and Mount Stirling Alpine Resort
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Management Board.
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