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This is a Bill, not an Act. For current law, see the Acts databases.
Great Ocean Road and Environs Protection
Amendment Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of Great Ocean Road and Environs
Protection Act 2020 3
4 Definitions 3
5 Great Ocean Road region 4
6 Great Ocean Road coast and parks 4
7 Great Ocean Road scenic landscapes area 4
8 Minor amendments to approved Great Ocean Road strategic
framework plan 5
9 New section 42A inserted 6
10 Object of the Authority 6
11 Section 48 substituted and new sections 48A to 48E inserted 7
12 Lead agency 15
13 New sections 49A, 49B and 49C inserted 15
14 Delegation by the Authority 17
15 Appointment of directors 17
16 New Division 4 of Part 5 inserted 18
17 New Parts 5A, 5B and 5C inserted 21
18 Regulations 37
18A Further amendment of section 66 38
19 New section 70A inserted 38
20 Section 71 amended 38
21 New section 71A inserted 39
22 Schedule 1 inserted 40
Part 3--Amendment of Borrowing and Investment Powers
Act 1987 44
23 Schedule 1 amended 44
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Clause Page
Part 4--Amendment of Commissioner for Environmental
Sustainability Act 2003 45
24 Definitions 45
Part 5--Amendment of Conservation, Forests and Lands Act 1987 46
25 Definitions 46
26 Delegation of powers and functions 46
27 Charges and fees 46
28 Amendment of the record 47
29 Section 68 amended 47
30 Section 82AB amended 48
31 Appointment and dismissal of members 48
32 Joint preparation of management plans 49
33 Completion of preparation of management plan 49
34 Making and consideration of submissions 50
35 Agreement to management plan 50
36 Approval of plan by Minister 50
37 Effect of plan 51
38 Delegations to or in relation to Traditional Owner Land
Management Boards 51
39 Appointment of authorised officers 52
40 Statement of authorised officer is evidence 52
41 Section 88 amended 53
42 Injunctions 54
43 Parking infringements 55
44 Compensation 55
45 Action for damages 56
46 Schedule 1 amended--statute law revision 58
Part 6--Amendment of Crown Land (Reserves) Act 1978 59
47 Power to amend or revoke permanent reservations 59
48 Use of reserved land for apiculture 59
49 Power of Secretary to enter into management agreements 59
50 Section 18D amended 60
51 New section 21AD inserted 61
52 New section 34B inserted 61
Part 7--Amendment of Domestic Animals Act 1994 62
53 Definitions 62
54 Registered dog or cat to have identification marker outside
premises 62
55 New section 26A inserted 62
56 New section 72B inserted 64
57 Identity cards for authorised officers 64
58 Entry, search and other powers of authorised officers for some
purposes 65
ii
Clause Page
59 Council contracted authorised officers may request name and
address, ask questions 65
60 Seizure of dog or cat in certain circumstances 65
61 Power to serve infringement notice 66
Part 8--Amendment of Forests Act 1958 67
62 Definitions 67
63 Section 6 amended 67
64 Section 18 amended 67
65 Section 18AA amended 67
66 Section 18C heading amended 68
67 Section 18D heading amended 68
68 Section 20 amended 68
69 Working plans for State forests 68
70 Management agreements with Traditional Owner Land
Management Boards 69
71 Power to declare land in reserved forests to be a forest park
etc. 70
72 Grant of tour operator licence 70
73 Application for tour operator licence 70
74 Tour operator licence conditions 71
75 Variation of tour operator licence 71
76 Suspension of tour operator licence 71
77 Making submissions on suspension 72
78 Cancellation of tour operator licence 72
79 Proclamation of protected forests 72
80 Declaration of protected public lands 73
81 Secretary may enter into agreements and arrangements
relating to the prevention and suppression of fires and
recovery from fires 73
82 Immunity provision 73
83 Restriction on dealings by authorised officers 73
84 New section 106 inserted 74
Part 9--Amendment of Land Act 1958 75
85 Definitions 75
86 Definitions 76
87 Management agreements with Traditional Owner Land
Management Boards 76
88 Grant of tour operator licence 77
89 Application for tour operator licence 77
90 Tour operator licence conditions 77
91 Variation of licence to operate as activity provider or tour
operator on Crown land 78
92 Suspension of tour operator licence 78
93 Making submissions on suspension 79
94 Cancellation of tour operator licence 79
iii
Clause Page
95 Land over which bee site licence may be granted 79
96 Offences 80
97 New section 419 inserted 80
Part 10--Amendment of Local Government Act 1989 81
98 Definitions 81
99 New section 224B inserted 81
Part 11--Amendment of Local Government Act 2020 83
100 Definitions 83
101 New section 7A inserted 83
Part 12--Amendment of National Parks Act 1975 85
102 Definitions 85
103 Management agreements with Traditional Owner Land
Management Boards 85
104 New Part IIA inserted 86
105 National parks and State parks 88
106 Marine national parks and marine sanctuaries 89
107 Other parks 90
108 Management of land prior to its reservation 91
109 Management agreements with Trust for Nature 91
110 Minister may make management agreements with public
authorities 91
111 Leasing and managing of land adjacent to parks 92
112 Section 20 amended 92
113 Section 20B amended 93
114 Section 20C amended 93
115 Section 21 amended 94
116 Permits to take fish or fishing bait for research in marine
national parks and marine sanctuaries 95
117 Rights of public authorities in respect of parks 95
118 Section 27BB amended 95
119 Section 27BC amended 96
120 Grant of tour operator licence 96
121 Application for tour operator licence 96
122 Tour operator licence conditions 96
123 Variation of tour operator licence 96
124 Suspension of tour operator licence 97
125 Making submissions on suspension 97
126 Cancellation of tour operator licence 98
127 Glenample Homestead 98
128 Authorities to search for minerals in certain parks 99
129 Rehabilitation works--Great Otway National Park 100
130 Rents etc. to be paid into the Consolidated Fund 100
131 Annual report 101
132 Section 37 amended 101
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Clause Page
133 Section 37AA amended 101
134 Production of identification 101
135 Impounding of livestock 102
136 Evidence 102
137 Regulations 103
138 Glenample Homestead 103
Part 13--Amendment of Water Act 1989 104
139 Issue of new registration licences in certain circumstances--
statute law revision 104
140 Preparation of regional waterway strategies 104
141 Annual adjustment of determined amount--statute law
revision 104
142 Maintenance of works--statute law revision 104
Part 14--Amendment of Wildlife Act 1975 105
143 Definitions 105
144 Section 14B amended 105
145 Section 14C amended 105
146 Moneys received paid to Consolidated Fund 106
147 Management agreements with Traditional Owner Land
Management Boards 106
148 Review of decisions 107
149 Regulations 107
Part 15--Consequential amendment of Parks Victoria Act 2018 108
150 Definitions 108
Part 16--Repeal of this Act 109
151 Repeal of this Act 109
═════════════
Endnotes 110
1 General information 110
v
Great Ocean Road and Environs
Protection Amendment Act 2021
No. of 2021
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Great Ocean Road and
Environs Protection Act 2020--
(i) to further provide for the functions and
powers of the Great Ocean Road Coast
and Parks Authority; and
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Part 1--Preliminary
(ii) to establish the Great Ocean Road
Coast and Parks Account; and
(iii) to provide for the transfer of public
land management to that Authority; and
(iv) to provide for the revocation of
permanent reservations of Crown land
and the reservation of that land for
different public purposes; and
(v) to make other minor amendments to
that Act; and
(b) to make consequential amendments to other
Acts.
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 September 2022, it comes into
operation on that day.
3 Principal Act
In this Act, the Great Ocean Road and Environs
Protection Act 2020 is called the Principal Act.
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Part 2--Amendment of Great Ocean Road and Environs Protection Act 2020
Part 2--Amendment of Great Ocean Road
and Environs Protection Act 2020
4 Definitions
(1) In section 3 of the Principal Act insert the
following definitions--
"Great Ocean Road Coast and Parks Account
means the Trust Account established under
section 62A;
land management plan means a plan made under
section 62L, including a plan as amended or
varied;
municipal district has the same meaning as in
section 3(1) of the Local Government
Act 2020;
personal information has the same meaning as in
the Privacy and Data Protection Act 2014;
Reservation Order means a Reservation Order
made by the Governor in Council under
section 62V;
statement of obligations means the statement
made under section 62F, including a
statement of obligations as amended or
varied;".
(2) In section 3 of the Principal Act, in the definition
of public land--
(a) for paragraph (f) substitute--
"(f) land owned by the Authority; or
(g) land under the control and management
of a responsible entity that is leased to
or managed by the Authority under an
agreement with the responsible entity;";
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(b) omit all words and expressions commencing
"but does not include--" and ending
"council;".
(3) In section 3 of the Principal Act, in the definition
of responsible entity, paragraph (m) is repealed.
5 Great Ocean Road region
In section 8(3) of the Principal Act--
(a) in paragraph (b)(v), for "Council." substitute
"Council;";
(b) after paragraph (b) insert--
"(c) land on which the Great Ocean Road is
situated.".
6 Great Ocean Road coast and parks
(1) For section 9(2) of the Principal Act substitute--
"(2) The Minister may only make a
recommendation under subsection (1) with
the consent of any Minister that administers
an Act under which public land is managed,
if public land under that Act is within the
proposed Great Ocean Road coast and
parks.".
(2) In section 9(3) of the Principal Act--
(a) in paragraph (b)(v), for "Council." substitute
"Council;";
(b) after paragraph (b) insert--
"(c) land on which the Great Ocean Road is
situated.".
7 Great Ocean Road scenic landscapes area
(1) In section 10(3) of the Principal Act--
(a) after paragraph (b) insert--
"(ba) land on which the Great Ocean Road is
situated;";
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(b) in paragraph (c), for "or (b)" substitute
", (b) or (ba)".
(2) In section 10(6) of the Principal Act, in the
definition of viewshed, after "application of"
insert "best practice".
8 Minor amendments to approved Great Ocean Road
strategic framework plan
For section 42(1) of the Principal Act
substitute--
"(1) The Minister may amend an approved Great
Ocean Road strategic framework plan if the
Minister is satisfied that--
(a) the amendment is of a minor or
technical nature so that compliance
with Divisions 1 to 7 (other than
section 41) and Division 9 in relation to
the amendment is not warranted; or
(b) if the approved Great Ocean Road
strategic framework plan applies to any
land that is Crown land which is the
subject of a joint management plan
under Part 8A of the Conservation,
Forests and Lands Act 1987 in respect
of appointed land under that Part
between the Secretary and a Traditional
Owner Land Management Board, the
amendment is necessary to ensure that
the approved Great Ocean Road
strategic framework plan is not
inconsistent with that joint management
plan for the appointed land.".
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9 New section 42A inserted
After section 42 of the Principal Act insert--
"42A Procedure for making minor amendments
to approved Great Ocean Road strategic
framework plan
(1) This section applies if the Minister amends
an approved Great Ocean Road strategic
framework plan under section 42(1).
(2) The Minister must comply with section 41
and this section in relation to that
amendment, but is not otherwise required to
comply with the requirements of Divisions 1
to 7 and Division 9 in relation to that
amendment.
(3) The Minister must publish notice of the
amendment in the Government Gazette.
(4) The amendment takes effect on--
(a) the day on which notice of the
amendment is published in the
Government Gazette; or
(b) any later date specified in that notice as
the day the amendment takes effect.
(5) On or before the 7th sitting day after notice
of the amendment is published in the
Government Gazette under subsection (3), a
copy of the amendment and that notice must
be laid before each House of the
Parliament.".
10 Object of the Authority
In section 47 of the Principal Act--
(a) for "rehabilitate" substitute "enhance";
(b) for "Crown" substitute "public".
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11 Section 48 substituted and new sections 48A to 48E
inserted
For section 48 of the Principal Act substitute--
"48 Functions of the Authority
(1) The Authority has the following functions--
(a) to control and manage land in the Great
Ocean Road coast and parks for the
benefit of the environment and current
and future generations and in a manner
that--
(i) protects and enhances the land,
including its natural and cultural
values; and
(ii) provides for the land to be
appropriately used, enjoyed and
appreciated;
(b) to enforce and ensure compliance with
laws applying to land in the Great
Ocean Road coast and parks;
(c) if the Authority considers it appropriate
in all the circumstances to do so, to
facilitate, coordinate and undertake any
development of land in the Great Ocean
Road coast and parks that is reserved
under the Crown Land (Reserves)
Act 1978, consistent with the purpose
for which the land is reserved;
(d) to coordinate and deliver capital works
projects in the Great Ocean Road coast
and parks;
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(e) to be the lead agency for--
(i) visitation management policy and
planning by responsible entities in
relation to the Great Ocean Road
scenic landscapes area; and
(ii) the development of visitor
infrastructure by responsible
entities in the Great Ocean Road
coast and parks;
(f) to provide visitor services in the Great
Ocean Road coast and parks;
(g) to manage visitor facilities and visitor
infrastructure in the Great Ocean Road
coast and parks;
(h) to provide services for the prevention or
suppression of, or recovery from, fire or
another emergency under an agreement
or arrangement under section 48E;
(i) to inform and educate the community
about the benefits of, and threats to,
land in the Great Ocean Road coast and
parks;
(j) to promote good relations between the
Authority and the community;
(k) to provide advice to the Minister, the
Department Head and responsible
entities on matters relevant to its object
or functions;
(l) to do anything that is necessary or
convenient to be done for or in
connection with or incidental to the
achievement of its object;
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(m) any other function conferred on the
Authority by or under this Act or any
other Act.
Note
Other functions of the Authority may include--
(a) acting as a committee of management
under the Crown Land (Reserves)
Act 1978 or the Forests Act 1958, when
appointed as such a committee; and
(b) acting as the port manager of a local port
under the Port Management Act 1995,
when appointed as such a manager.
(2) For the purposes of subsection (1)(a),
controlling and managing land in the Great
Ocean Road coast and parks includes but is
not limited to--
(a) developing management and other
plans and strategies for the land in
consultation with the community; and
(b) acknowledging and promoting the
knowledge and interests of traditional
owners in relation to the land; and
(c) undertaking works, improvements and
other activities on the land; and
(d) providing opportunities for the
community to enjoy and appreciate
the land, and providing facilities,
information and services to support
that enjoyment and appreciation; and
(e) monitoring, evaluating and reporting on
the condition and use of the land; and
(f) conducting, co-ordinating and
encouraging research activities
relating to the land.
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48A Powers of the Authority
(1) The Authority has all powers necessary to
perform its functions under this Act or any
other Act.
(2) Without limiting subsection (1), the
Authority, subject to subsection (3), may
enter into any agreements, contracts or
arrangements in connection with the
performance of its functions or the exercise
of its powers.
(3) The Authority must not enter into a
management agreement in relation to land
managed under the National Parks
Act 1975 unless the agreement is entered
into under section 16D of that Act.
48B Performance of functions and exercise of
powers--general
(1) In performing its functions and exercising its
powers, the Authority must--
(a) acknowledge the intrinsic connection
of the traditional owners to Country,
including by way of suitable
representation or involvement of
specified Aboriginal parties in relation
to the Great Ocean Road coast and
parks in policy development, planning,
land management and decision-making;
and
(b) engage, consult and collaborate with
other responsible entities that have
responsibility for managing land and
the visitor experience within the Great
Ocean Road scenic landscapes area;
and
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(c) have regard to the functions conferred
on councils, planning authorities and
responsible authorities by the Planning
and Environment Act 1987; and
(d) have regard to the functions of public
sector bodies, including bodies that
have responsibility for the planning and
delivery of infrastructure, visitor
economy and related services in and
around the Great Ocean Road coast and
parks; and
(e) strive to achieve State Government
policy objectives through coordination
between all levels of government,
government agencies and with the
private sector; and
(f) have regard to the sustainable growth of
the visitor economy in the Great Ocean
Road region; and
(g) have regard to the Authority's current
annual corporate plan and 5-year
business strategy; and
(h) engage with local communities in the
development of public land
management plans and policies that are
of particular relevance to those local
communities.
(2) The Authority must obtain the approval of
the Minister before acquiring or disposing of
real property if the value of the property is
$5 million or more.
(3) The Authority must publish on its Internet
site a report on the outcome of each
engagement with a local community.
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48C Performance of functions and exercise of
powers--land in the Great Ocean Road
coast and parks
(1) In performing its functions and exercising its
powers in relation to any area of land in the
Great Ocean Road coast and parks, the
Authority must--
(a) act consistently with the enactments
applying to the management of the
land; and
(b) have regard to the environmental
carrying capacity of the land.
(2) In performing its function to facilitate,
coordinate and undertake any development
of land in the Great Ocean Road coast and
parks that is reserved under the Crown Land
(Reserves) Act 1978, the Authority must
ensure that--
(a) the rights and interests of specified
Aboriginal parties in relation to the
Great Ocean Road coast and parks are
protected; and
(b) any development of the land is--
(i) consistent with the environmental,
cultural, heritage and social values
of that land; and
(ii) within the environmental carrying
capacity of the land.
48D Obligations of the Authority in relation to
the Great Ocean Road region
(1) When performing a function or duty or
exercising a power under this Act or any
other Act, the Authority--
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(a) must not act inconsistently with any
part of an approved Great Ocean Road
strategic framework plan that is
expressed to be binding on the
Authority in relation to the Great Ocean
Road scenic landscapes area; and
(b) must have regard to the Great Ocean
Road coast and parks protection
principles in relation to the Great
Ocean Road coast and parks; and
(c) must have regard to those parts of an
approved Great Ocean Road strategic
framework plan not expressed to be
binding on the Authority in relation to
the Great Ocean Road region.
(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by the Authority in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.
48E Fire and other emergencies
(1) The Authority may enter into an agreement
or arrangement with the Secretary for the
carrying out of services in relation to the
prevention or suppression of, or recovery
from, fire or another emergency on land in
the Great Ocean Road coast and parks in
respect of which--
(a) the Secretary has the responsibility for
carrying out those services; or
(b) the Secretary has an agreement or
arrangement to carry out or to assist
in carrying out those services.
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(2) An agreement or arrangement may be
entered into with the Secretary under
subsection (1) whether the services to be
provided are in--
(a) Victoria; or
(b) another State or a Territory of the
Commonwealth; or
(c) another country.
(3) The Authority may enter into an agreement
or arrangement with a person or body (other
than the Secretary) for the carrying out of
services in relation to the prevention or
suppression of, or recovery from, fire or
another emergency on land in the Great
Ocean Road coast and parks in respect of
which--
(a) that person or body has the
responsibility for carrying out
those services; or
(b) that person or body has an agreement or
arrangement to carry out or to assist in
carrying out those services.
(4) An agreement or arrangement may be
entered into with a person or body under
subsection (3) whether the services to be
provided are in--
(a) Victoria; or
(b) another State or a Territory of the
Commonwealth; or
(c) another country.
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(5) The Authority must not enter into an
agreement or arrangement under
subsection (3) unless the Authority has first
obtained the approval of the Minister in
writing.
(6) An agreement or arrangement under this
section may provide for the use of employees
of the Authority for the carrying out of the
services provided under the agreement or
arrangement.
(7) In this section, a reference to Secretary
includes a reference to the Department
Head.".
12 Lead agency
(1) Section 49(1) of the Principal Act is repealed.
(2) In section 49(2) of the Principal Act--
(a) for "section 48" substitute "sections 48,
48A, 48B, 48C and 48D";
(b) for "as lead agency" substitute "under
section 48(1)(e)".
13 New sections 49A, 49B and 49C inserted
After section 49 of the Principal Act insert--
"49A Authority may request information or
assistance in relation to lead agency
function
(1) For the purposes of performing its function
under section 48(1)(e), the Authority, by
written notice, may request the following
entities to provide the information or
assistance specified in the notice--
(a) a public sector body Head within the
meaning of the Public Administration
Act 2004;
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(b) a responsible entity (other than the
Authority).
(2) An entity must comply with a request under
subsection (1) within a reasonable time after
the request.
(3) The Authority must not request personal
information under subsection (1) other than
the name and address of an owner of land.
(4) The Authority must not use personal
information other than to notify, or consult
with, landholders in a particular area for the
purposes of performing its functions.
49B Responsible entity must consult with
Authority before undertaking certain
works
(1) If a responsible entity (other than the
Authority) is planning the development of
visitor facilities or visitor infrastructure in
the Great Ocean Road coast and parks, the
responsible entity must consult with the
Authority before undertaking any
development of visitor facilities or visitor
infrastructure in the Great Ocean Road coast
and parks.
(2) A failure to comply with subsection (1) does
not invalidate any act or decision of the
responsible entity.
49C Authority may make guidelines
(1) The Authority may make guidelines for
responsible entities in relation to the
application of the Great Ocean Road coast
and parks protection principles.
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(2) On the making of any guidelines under
subsection (1), the Authority must publish
the guidelines on the Authority's Internet
site.".
14 Delegation by the Authority
(1) In section 52(1) of the Principal Act, after "power
of the Authority" insert "under this Act or any
other enactment".
(2) After section 52(1)(c) of the Principal Act
insert--
"(ca) Parks Victoria; or
(cb) the chief executive officer or an employee or
class of employee of Parks Victoria; or
(cc) the Secretary; or".
15 Appointment of directors
For section 57(4) of the Principal Act
substitute--
"(4) The following persons cannot be appointed
as a director of the Authority--
(a) a person employed by or on behalf of a
responsible entity, including a
municipal council;
(b) a person who is on the board or
committee of management of a
responsible entity, including a
Councillor (within the meaning of
section 3(1) of the Local Government
Act 2020) of a municipal council.
(4A) Subsection (4) does not apply to--
(a) an existing director; or
(b) a nominee from a specified Aboriginal
party.".
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16 New Division 4 of Part 5 inserted
After Division 3 of Part 5 of the Principal Act
insert--
"Division 4--The Great Ocean Road
Coast and Parks Account
62A Establishment of Great Ocean Road Coast
and Parks Account
There must be established in the Public
Account as part of the Trust Fund a Trust
Account to be known as the Great Ocean
Road Coast and Parks Account.
62B Payments into Great Ocean Coast and
Parks Account
(1) There must be paid into the Great Ocean
Road Coast and Parks Account--
(a) any licence fee for a tour operator
licence collected by the Authority
under Part III of the National Parks
Act 1975; and
(b) despite any Act or law to the contrary
(other than Parts 3 and 4 of the Crown
Land (Reserves) Act 1978), any other
revenue raised by the Authority that
would otherwise be directed to the
Consolidated Fund; and
(c) any money received by the Authority
that is--
(i) the proceeds from the sale of any
real property, including Crown
land; or
(ii) a grant or other payment received
from the Commonwealth; or
(iii) a donation; and
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(d) all money received by or paid to the
Authority in respect of the Great Ocean
Road coasts and parks or any other land
that it manages; and
(e) all money directed or authorised to be
paid into the Great Ocean Road Coast
and Parks Account by or under this Act,
the regulations under this Act or any
other Act; and
(f) income or interest received from the
investment of money in the Great
Ocean Road Coast and Parks Account;
and
(g) all money that is appropriated by the
Parliament for the purposes of the Great
Ocean Road Coast and Parks Account.
(2) In addition, any money standing to the credit
of the Great Ocean Road Coast and Parks
Account may be invested in any securities
that are approved by the Treasurer and any
interest derived from those investments must
be paid into the Great Ocean Road Coast and
Parks Account.
(3) Subsection (2) applies despite any Act (other
than the Charter of Human Rights and
Responsibilities Act 2006) or law to the
contrary.
62C Payments out of Great Ocean Road Coast
and Parks Account
(1) Subject to subsection (2), there must be paid
out of the Great Ocean Road Coast and Parks
Account--
(a) any amounts required for the Authority
to carry out its object and functions;
and
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(b) all money directed or authorised to be
paid out of the Great Ocean Road Coast
and Parks Account by or under this Act
or any other Act; and
(c) money for works or projects of the
Authority specified by written direction
of the Minister; and
(d) any refund of a licence fee for a tour
operator licence under--
(i) Part 3A of the Crown Land
(Reserves) Act 1978; or
(ii) the Forests Act 1958; or
(iii) Part I of the Land Act 1958; or
(iv) Part III of the National Parks
Act 1975; or
(v) Part IIA of the Wildlife Act 1975.
(2) Money received by the Authority that is the
proceeds from the sale of any public land
and other real property may only be paid out
of the Great Ocean Road Coast and Parks
Account for the purchase of public land and
other real property.
62D Borrowing, investments and agreements
(1) The Authority has the powers conferred on it
by the Borrowing and Investment Powers
Act 1987.
(2) The Authority may invest any part of the
funds in the Great Ocean Road Coast and
Parks Account which are not immediately
required for the purposes of the Authority in
any manner approved by the Treasurer.
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(3) The Authority may enter into arrangements
or agreements with any person or body to act
as the Authority's agent in the carrying out of
the Authority's functions in relation to the
Great Ocean Road Coast and Parks Account.
62E Closure of Account
(1) Section 19(4) of the Financial Management
Act 1994 does not apply to the Great Ocean
Road Coast and Parks Account.
(2) the Great Ocean Road Coast and Parks
Account may only be closed by an
amendment to this Act.".
17 New Parts 5A, 5B and 5C inserted
After Part 5 of the Principal Act insert--
"Part 5A--Land management
obligations and planning
responsibilities
Division 1--Statements of obligations
62F Statement of obligations
(1) The Minister may make a statement of
obligations that sets out the obligations that
the Authority has in performing its functions
and exercising its powers in relation to--
(a) land controlled and managed by the
Authority; and
(b) land managed by a committee of
management appointed under
section 14 of the Crown Land
(Reserves) Act 1978 or section 50(3)
of the Forests Act 1958 constituted by
the Authority; and
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(c) land that is the subject of an agreement
under section 69 of the Conservation,
Forests and Lands Act 1987 that is
managed by the Authority on behalf of
the Secretary.
(2) Without limiting subsection (1), a statement
of obligations may include provisions in
respect of the following--
(a) governance;
(b) guiding principles;
(c) performance standards and outcomes;
(d) matters to be addressed in the land
management strategy;
(e) management priorities for any land
which the Authority manages;
(f) the implementation of government
policies and strategies;
(g) innovation and knowledge sharing;
(h) compliance and enforcement;
(i) collaboration or consultation with other
government bodies, traditional owners,
non-government bodies and the
community.
Note
Section 41A of the Interpretation of Legislation Act 1984
provides that the power to make an instrument includes the
power to repeal, revoke, rescind, amend, alter or vary the
instrument in the exercise of that power.
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62G Process for making a statement of
obligations
(1) Before making or amending a statement of
obligations, the Minister must--
(a) give the Authority notice of the
proposal to make or amend the
statement of obligations setting out the
substance of the proposed statement or
amendment; and
(b) give the Authority at least 28 days in
which to make written submissions to
the Minister on the proposal; and
(c) have regard to any submissions made
by the Authority under paragraph (b).
(3) If the Authority advises the Minister that a
submission made under subsection (1)(b)
will be the only submission made in respect
of the proposal, the Minister may make or
amend the statement of obligations before
the expiry of the 28 day period or any longer
period under that subsection.
62H Issuing a statement of obligations
(1) As soon as possible after making or
amending a statement of obligations, the
Minister must issue the statement as made or
amended the Authority.
(2) As soon as possible after revoking a
statement of obligations, the Minister must
issue the notice of revocation of the
statement of obligations to the Authority.
62I Publication of statement of obligations
Within 14 days after a statement of
obligations or a notice of revocation of a
statement of obligations is issued to the
Authority--
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(a) the Minister must publish the relevant
document in the Government Gazette;
and
(b) the Authority must publish the relevant
document on the Internet site of the
Authority.
62J Taking effect of statement of obligations
A statement of obligations or the revocation
of a statement of obligations takes effect
when it is published in the Government
Gazette.
62K Compliance with statement of obligations
(1) The Authority must comply with a statement
of obligations.
(2) The Authority must include a statement in its
annual report under section 45 of the
Financial Management Act 1994 setting
out how it has met its obligations under any
statement of obligations.
Division 2--Land management plans
62L Land management plans
(1) The Authority may make a plan setting out
the way in which the Authority will manage
any area of--
(a) land managed by the Authority; or
(b) land managed by a committee of
management appointed under
section 14 of the Crown Land
(Reserves) Act 1978 or section 50(3)
of the Forests Act 1958 constituted
by the Authority; or
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(c) land that is the subject of an agreement
under section 69 of the Conservation,
Forests and Lands Act 1987 that is
managed by the Authority on behalf of
the Secretary.
(2) A land management plan must be consistent
with--
(a) legislation under which the land is
managed and any other legislation
applying to the land; and
(b) policies of the State applying to the
land.
(3) For any appointed land of a Traditional
Owner Land Management Board that
constitutes the whole or a part of land for
which a land management plan has been
made, the land management plan does not
have effect to the extent that a joint
management plan is in effect for that land.
(4) This section does not derogate from any
requirement in any other Act for the manager
of land under that Act to prepare a land
management plan (however described) for
that land.
Note
Section 41A of the Interpretation of Legislation Act 1984
provides that the power to make an instrument includes the
power to repeal, revoke, rescind, amend, alter or vary the
instrument in the exercise of that power.
62M Process for making a land management
plan
(1) Before the Authority makes a land
management plan, or an amendment of a
land management plan, the Authority must--
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(a) consult with--
(i) any Minister or public authority
whose interests may be affected
by the plan; and
(ii) any relevant specified Aboriginal
party; and
(b) make a draft of the plan available for
inspection by the public for at least
28 days before making the plan; and
(c) publish a notice in a newspaper
circulating generally in the State and in
a newspaper circulating generally in the
area in which the land is situated,
setting out where and when the draft
can be inspected and inviting public
comment by the date specified in the
notice; and
(d) publish the draft on the Internet site of
the Authority; and
(e) have regard to any submissions made
to the Authority on the proposal by the
date specified in the notice.
(2) Subsection (1) does not apply to any
amendment of a land management plan that
is of a machinery, declaratory or minor
technical nature.
62N Publication and notice of land
management plan
As soon as possible after the Authority
makes a land management plan, the
Authority must publish--
(a) the plan on the Internet site of the
Authority; and
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(b) notice of the making of the plan in the
Government Gazette.
62O Taking effect of land management plan
A land management plan takes effect when
notice of its making is published in the
Government Gazette.
62P Review of land management plans
(1) The Authority must review each land
management plan for an area of land on or
before the 15th anniversary of that plan
taking effect.
(2) A review under subsection (1) must
commence no later than the end of the
15 year period.
(3) In conducting a review under subsection (1),
the Authority must--
(a) consult with--
(i) any Minister or public authority
whose interests may be affected
by the land management plan; and
(ii) any specified Aboriginal party for
any area affected by the plan; and
(iii) the public; and
(b) consider the results of any consultation
under paragraph (a).
(4) On completing a review of the land
management plan, the Authority may--
(a) revoke the plan and make a new land
management plan for the area; or
(b) amend the plan; or
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(c) only make amendments of a machinery,
declaratory or minor technical nature to
the plan.
Part 5B--Land management
62Q Appointment of Authority as land
manager
(1) Subject to subsection (4), on the
recommendation of the Minister and the
Minister administering a relevant land
management Act, the Governor in Council,
by Order published in the Government
Gazette, may appoint the Authority as the
body that controls and manages any Crown
land within the Great Ocean Road coast and
parks described in the Order.
(2) On 1 November 2025, the Authority
becomes the body that controls and manages
any Crown land referred to in Schedule 1 for
which the Authority has not been appointed
as the body that controls and manages that
land, before that date, by--
(a) an order under subsection (1); or
(b) an order under section 16C(1) of the
National Parks Act 1975.
(3) If the Authority becomes the body that
controls and manages Crown land under
subsection (2), on and from
1 November 2025--
(a) the Authority is taken to control and
manage that land; and
(b) if an entity other than the Authority was
the committee of management for that
land immediately before
1 November 2025--
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(i) that entity is taken to no longer be
the committee of management for
that land; and
(ii) the Authority is taken to be
appointed as the committee of
management for that land.
Note
The Authority may have been appointed committee of
management under section 14 of the Crown Land
(Reserves) Act 1978, or be taken to be the committee
of management for land under section 68, for land
referred to in Schedule 1.
(4) Subject to subsection (5), the Governor in
Council, on the recommendation of the
Minister, by Order published in the
Government Gazette, may amend a
description of Crown land in Schedule 1.
(5) The Minister must not recommend to the
Governor in Council that an Order made
under subsection (1) or a description of
Crown land in Schedule 1 be amended
unless--
(a) the Minister has given the Authority
written notice of the proposed
amendment; and
(b) the Minister considered any written
submissions about the proposed
amendment made by the Authority--
(i) within 60 days after notice was
given under paragraph (a); or
(ii) any longer period agreed to by the
Authority and the Minister; or
(ii) any lesser period agreed to by the
Authority; and
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(c) the Minister administering the relevant
land management Act consents to the
proposed amendment.
(6) The Governor in Council, by Order
published in the Government Gazette, may
amend a description of Crown land in an
Order made under subsection (1), or in
Schedule 1, if a description of a reserve in
the Fifth Schedule to the Crown Land
(Reserves) Act 1978 included in the Order
is amended by an Act of Parliament.
Note
Section 41A of the Interpretation of Legislation
Act 1984 provides that the power to make an
instrument includes the power to repeal, revoke,
rescind, amend, alter or vary the instrument in the
exercise of that power.
(7) In this section--
relevant land management Act means any
of the following--
(a) the Crown Land (Reserves)
Act 1978;
(b) the Forests Act 1958;
(c) the Land Act 1958;
(d) the Wildlife Act 1975.
62R Authority may enter road management
agreements
The Authority may enter into an agreement
or arrangement with the Secretary to the
Department of Transport for--
(a) the delivery of works on land managed
by the Head, Transport for Victoria
(within the meaning of section 3 of the
Transport Integration Act 2010) or
the Authority, including visitor
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facilities and infrastructure that are not
part of the Great Ocean Road; and
(b) ongoing control and management of
assets that are not part of the Great
Ocean Road.
62S Discontinuation or permanent closure of
roads
(1) Subject to subsection (3), on the
recommendation of the Minister, the
Governor in Council, by Order published in
the Government Gazette, may discontinue or
permanently close an unused government
road that is in the Great Ocean Road coast
and parks.
(2) An Order under subsection (1) must--
(a) describe the road by reference to a
numbered map lodged in the Central
Plan Office; and
(b) be published in the Government
Gazette.
(3) The Minister must not make a
recommendation to the Governor in
Council unless the Minister is satisfied
that the government road--
(a) has never been in use; or
(b) is no longer required as a road.
(4) On the making of an Order under
subsection (1)--
(a) the unused government road referred to
in the Order ceases to be a road or part
of a road or road reserve; and
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(b) all rights, easements and privileges
existing or claimed by either the public
or any body or person, as incidental to
the express or implied grant, or past
dedication, or supposed dedication, or
any past user or operation of law or
otherwise, in relation to the land on
which the road referred to in the Order
is on, cease.
(5) For the purposes of subsection (1), unused
government road includes--
(a) a road within the meaning of
section 3(1) of the Land Act 1958; and
(b) an unused road within the meaning of
section 3(1) of the Land Act 1958.
62T Publication of land controlled, managed
or owned by Authority
The Authority must publish a brief
description of all land it controls, manages or
owns on its Internet site.
Part 5C--Crown land reservations
62U Minister may recommend Reservation
Order be made
(1) On receiving a plan of the relevant land
signed by the Surveyor-General, the Minister
administering the Crown Land (Reserves)
Act 1978 may recommend that the Governor
in Council make a Reservation Order if that
Minister--
(a) has consulted the Minister; and
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(b) considers that the purpose for which the
land is to be reserved by the
Reservation Order will not provide less
environmental protection for the land
than the existing reservation; and
(c) has had regard to--
(i) the objects and functions of the
Authority; and
(ii) if a Great Ocean Road strategic
framework plan has been
prepared, any parts of that plan
that apply to the Great Ocean
Road coast and parks.
(2) Without limiting subsection (1), the Minister
administering the Crown Land (Reserves)
Act 1978 may include as part of the
recommendation a requirement that the
relevant land be temporarily reserved land
for a public purpose by the Reservation
Order if satisfied on reasonable grounds that
the original reservation proposed to be
revoked is inconsistent with the historic use
of the land.
62V Reservation Order
(1) Subject to subsection (2), on the
recommendation of the Minister
administering the Crown Land (Reserves)
Act 1978 under section 62U, the Governor in
Council, by Reservation Order published in
the Government Gazette--
(a) may revoke--
(i) any Order in Council permanently
reserving Crown land in the Great
Ocean Road coast and parks
specified in that Reservation
Order; or
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(ii) any permanent reservation of
Crown land in the Great Ocean
Road coast and parks reserved
under any Act; and
(b) in relation to the land described in the
Reservation Order--
(i) must permanently reserve that
land for a different public
purpose; or
(ii) if a recommendation under
section 62U(2) is made, must
temporarily reserve that land for
a different public purpose.
(2) A revocation of a reservation by a
Reservation Order may be in respect of the
whole of the permanent reservation of the
land or to the extent specified in the
Reservation Order.
(3) A Reservation Order may describe the land it
reserves by reference to a plan of land signed
by the Surveyor-General and lodged in the
Central Plan Office.
(4) A Reservation Order must not be made in
relation to land that has already been
reserved for any of the following public
purposes, however described--
(a) the protection of the beds or channels
and the banks of waterways;
(b) the preservation of areas of ecological
significance;
(c) the conservation of areas of natural
interest or beauty or of scientific,
historic or archaeological interest;
(d) carbon sequestration in vegetation and
soil;
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(e) the preservation of species of native
plants;
(f) the propagation or management of
wildlife or the preservation of wildlife
habitat;
(g) the supply of sand, gravel, stone and
other materials for the construction of
public roads, buildings and other
works;
(h) public parks, gardens and ornamental
plantations;
(i) the protection of the coastline;
(j) zoological parks;
(k) a prescribed purpose.
(5) A Reservation Order must not be made in
relation to--
(a) the reservation for public purposes of
land on the foreshore of Bass Strait and
Southern Ocean by Order in Council
dated 11 August 1879, published in the
Government Gazette dated 15 August
1879, page 2045; or
(b) the reservation for public purposes by
Order in Council dated 23 May 1881,
published in the Government Gazette
dated 27 May 1881, page 1389.
62W Consequences of Reservation Order
(1) On the revocation of a permanent reservation
of land by a Reservation Order--
(a) subject to paragraph (e), the land
described in the Reservation Order is
taken to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
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restrictions, encumbrances, estates and
interests; and
(b) the appointment of any committee of
management of that land, other than the
Authority, is revoked to the extent that
it relates to that land; and
(c) the appointment of any trustee of that
land is revoked to the extent that it
relates to that land; and
(d) any regulations made under section 13
of the Crown Land (Reserves)
Act 1978 are revoked to the extent that
they apply to that land; and
(e) for the purposes of section 4(1) of the
Crown Land (Reserves) Act 1978, the
land reserved by the Reservation Order
is taken to be temporarily reserved or
permanently reserved as specified in
the Reservation Order for the purpose
specified in the Reservation Order.
(2) A Reservation Order--
(a) has effect despite anything to the
contrary in the Crown Land
(Reserves) Act 1978 (in particular
section 9, 10 or 11 of that Act) or the
Land Act 1958; and
(b) is not a legislative instrument within the
meaning of the Subordinate
Legislation Act 1994.
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62X Registrar of Titles to make amendments
necessary for this Act
The Registrar of Titles must make any
recordings in or amendments to the Register
kept under the Transfer of Land Act 1958
that are necessary because of the operation of
any provision of this Part.".
18 Regulations
For section 66(1) of the Principal Act
substitute--
"(1) The Governor in Council may make
regulations for or with respect to--
(a) any matter or thing authorised or
required to be prescribed or necessary
to be prescribed for carrying this Act
into effect; and
(b) prescribing fees for parking vehicles in
the Great Ocean Road coast and parks,
other than parking on land managed
under the National Parks Act 1975;
and
(c) prescribing tolls, fees and charges for
entry of persons, vehicles and animals
to land controlled and managed by the
Authority under this Act or any other
Act, other than--
(i) land managed under the National
Parks Act 1975; and
(ii) land reserved under the Crown
Land (Reserves) Act 1978; and
(d) prescribing penalties not exceeding
20 penalty units for a contravention of
the regulations.".
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18A Further amendment of section 66
After subsection 66(1) of the Principal Act
insert--
"(1A) Before regulations are made for the purposes
of subsection (1)(b) or (1)(c), the Minister
must consider any advice of the Authority in
respect of any financial impacts or burdens
on local communities of the tolls, fees and
charges.".
19 New section 70A inserted
After section 70 of the Principal Act insert--
"70A Transfer of asset management from
committees of management
On and after the commencement day, the
Authority may enter into an agreement with
an entity in relation to the control and
management of any assets on land within the
municipal district for which that entity was
the committee of management appointed
under the Crown Land (Reserves)
Act 1978.".
20 Section 71 amended
(1) After section 71(1) of the Principal Act insert--
"(1A) Any lease granted by a former land manager
and in force immediately before the
Authority is appointed land manager for the
land the subject of the lease under
section 62Q or under any other Act is, on
that appointment, taken to be a lease granted
by the Authority.".
(2) In section 71(2) of the Principal Act, for "lease"
substitute "licence".
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(3) After section 71(2) of the Principal Act insert--
"(2A) Any licence, permit, consent or authorisation
granted by a former land manager and in
force immediately before the Authority is
appointed land manager for the land the
subject of the licence, permit, consent or
authorisation under section 62Q or under any
other Act is, on that appointment, taken to be
a licence, permit, consent or authorisation
granted by the Authority.".
(4) After section 71(3) of the Principal Act insert--
"(4) In this section--
former land manager means an entity who,
immediately before the Authority is
appointed land manager for land under
section 62Q or under any other Act, had
control or management of that land
under the Crown Land (Reserves)
Act 1978, the Forests Act 1958, the
Land Act 1958, the National Parks
Act 1975 or the Wildlife Act 1975.".
21 New section 71A inserted
After section 71 of the Principal Act insert--
"71A Transfer of property etc. from old body to
Authority
On the commencement of this section--
(a) each old body is abolished; and
(b) the Authority is the successor in law of
each old body; and
(c) all rights, property and liabilities of
each old body immediately before their
abolition become rights, property and
liabilities of the Authority; and
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(d) the Authority is substituted as a party in
any proceeding, agreement or
arrangement commenced or made by or
against, or in relation to, each old body
immediately before their abolition; and
(e) the Authority may continue and
complete any other continuing matter
or thing commenced, or against, or in
relation to, each old body immediately
before their abolition.".
22 Schedule 1 inserted
After Part 8 of the Principal Act insert--
"Schedule 1--Land management to be
transferred to Authority by 1 November 2025
Section 62Q(2)
Item 1--National Parks Act 1975 land
Description of land
Port Campbell National Park The land in the park described in
Part 21 of Schedule Two to the
National Parks Act 1975.
Great Otway National Park (part) The land in that part of the park
described in Part 31 of Schedule
Two to the National Parks
Act 1975 which is within the Great
Ocean Road coast and parks,
excluding that part of the park that
is situated--
(a) in the Parish of Jan Juc and
inland of a line 50 metres
inland of the centreline of the
Great Ocean Road; and
(b) in the Parish of Angahook and
inland of a line 50 metres
inland of the centreline of the
Great Ocean Road and
north-east, north or west of
the land shown on the plan
lodged in the Central Plan
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Description of land
Office and numbered
N.P. 111E/5 as Lot 1
TP579829; CA 2A; Lot 1
TP579829; the roads
adjoining the aforementioned
lot; Lot 10 LP77300; Lot 1
LP117892; Lot 18 LP93447;
Lots 1 and 2 LP62756; and
Lot 1 TP126807.
Bay of Islands Coastal Park The land in the park described in
Part 1A of Schedule Three to the
National Parks Act 1975.
Point Addis Marine National Park The land in the park described in
Part 8 of Schedule Seven to the
National Parks Act 1975.
Twelve Apostles Marine National The land in the park described in
Park Part 11 of Schedule Seven to the
National Parks Act 1975.
Eagle Rock Marine Sanctuary The land in the park described in
Part 3 of Schedule Eight to the
National Parks Act 1975.
Marengo Reefs Marine Sanctuary The land in the park described in
Part 5 of Schedule Eight to the
National Parks Act 1975.
Merri Marine Sanctuary The land in the park described in
Part 6 of Schedule Eight to the
National Parks Act 1975.
Point Danger Marine Sanctuary The land in the park described in
Part 9 of Schedule Eight to the
National Parks Act 1975.
The Arches Marine Sanctuary The land in the park described in
Part 11 of Schedule Eight to the
National Parks Act 1975.
Glenample Homestead The land forming part of Crown
allotments 5 and 6, Parish of
Latrobe subject to the lease granted
by Bedburdyck Pty Ltd to the
Minister of Public Works
[the Crown] dated 26 June 1980.
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In item 1 of this Schedule--
park has the same meaning as it has in
section 3(1) of the National Parks
Act 1975.
Item 2--Crown Land (Reserves) Act 1978 land
All land temporarily or permanently reserved
under the Crown Land (Reserves) Act 1978
within the Great Ocean Road coast and parks
excluding land within the municipal district of
Warrnambool City Council and excluding arterial
roads, non-arterial State roads and land reserved
for the following public purposes--
(a) drainage and sewerage work; and
(b) pre-school centres, State schools and other
institutions of public instruction and areas
and facilities for the study of the natural
environment; and
(c) the supply of sand gravel stone and other
materials for the construction of public
roads, buildings and other works; and
(d) health and social welfare; and
(e) hospitals and institutions or services for any
other purposes administered by the Minister
administering the Health Services Act 1988;
and
(f) cemeteries; and
(g) public halls; and
(h) aerodromes; and
(i) mechanics institutes; and
(j) police purposes; and
(k) rail trails; and
(l) roads.
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Part 2--Amendment of Great Ocean Road and Environs Protection Act 2020
Item 3--Land Act 1958 land
The unreserved Crown land (including any
overlying waters) from the low water mark to the
outer limit of the coastal waters of Victoria within
the Great Ocean Road coast and parks.
Item 4--Wildlife Act 1975 land
Land within the Great Ocean Road coast and
parks that is a State Wildlife Reserve under the
Wildlife Act 1975.".
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Part 3--Amendment of Borrowing and Investment Powers Act 1987
Part 3--Amendment of Borrowing and
Investment Powers Act 1987
23 Schedule 1 amended
In the table in Schedule 1 to the Borrowing and
Investment Powers Act 1987, after item 4B
insert--
"5. Great Ocean Road Coast and 5, 8, 10, 11, 12,
Parks Authority 13,14, 15, 20
and 21".
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Great Ocean Road and Environs Protection Amendment Act 2021
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Part 4--Amendment of Commissioner for Environmental Sustainability Act
2003
Part 4--Amendment of Commissioner for
Environmental Sustainability Act 2003
24 Definitions
In section 3 of the Commissioner for
Environmental Sustainability Act 2003 insert
the following definitions--
"Great Ocean Road coast and parks has the same
meaning as in the Great Ocean Road and
Environs Protection Act 2020;
Great Ocean Road Coast and Parks Authority
means the Authority established under Part 5
of the Great Ocean Road and Environs
Protection Act 2020;".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
Part 5--Amendment of Conservation,
Forests and Lands Act 1987
25 Definitions
In section 3(1) of the Conservation, Forests and
Lands Act 1987, in paragraph (d) of the definition
of land owner, for "or Parks Victoria" substitute
", Parks Victoria or the Great Ocean Road Coast
and Parks Authority".
26 Delegation of powers and functions
(1) After section 11(1)(cb) of the Conservation,
Forests and Lands Act 1987 insert--
"(cc) the Great Ocean Road Coast and Parks
Authority or an employee of the Authority;
or".
(2) After section 11(2)(da) of the Conservation,
Forests and Lands Act 1987 insert--
"(db) the Great Ocean Road Coast and Parks
Authority or an employee of the Authority;
or".
27 Charges and fees
(1) In section 28(1) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) for "or Parks Victoria" (where secondly
occurring) substitute ", Parks Victoria or
the Authority".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
(2) In section 28(2) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria"
substitute ", Parks Victoria or the Great Ocean
Road Coast and Parks Authority (as the case
requires)".
28 Amendment of the record
In section 67C(3)(a) of the Conservation, Forests
and Lands Act 1987, for "(1A)" substitute
"(1AA)".
29 Section 68 amended
(1) In the heading to section 68 of the Conservation,
Forests and Lands Act 1987, for "and Parks
Victoria" substitute ", Parks Victoria and
Great Ocean Road Coast and Parks
Authority".
(2) After section 68(1)(a) of the Conservation,
Forests and Lands Act 1987 insert--
"(ab) the Great Ocean Road Coast and Parks
Authority, for and to the extent it benefits
land controlled and managed by the
Authority, may--
(i) grant or loan money to a land owner;
and
(ii) provide other assistance to a land
owner; and".
(3) In section 68(2)(b) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria"
substitute ", Parks Victoria or the Great Ocean
Road Coast and Parks Authority".
(4) In section 68(2)(c) of the Conservation, Forests
and Lands Act 1987, for "land." substitute
"land; and".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
(5) After section 68(2)(c) of the Conservation,
Forests and Lands Act 1987, insert--
"(d) a requirement that, in the case of the Great
Ocean Road Coast and Parks Authority, the
land of the land owner must adjoin land
controlled and managed by the Authority.".
30 Section 82AB amended
(1) In the heading to section 82AB of the
Conservation, Forests and Lands Act 1987, for
"and Parks Victoria" substitute ", Parks
Victoria and Great Ocean Road Coast and
Parks Authority".
(2) After section 82AB(3) of the Conservation,
Forests and Lands Act 1987 insert--
"(4) If public land is land in respect of which
there is in force a recognition and settlement
agreement, the Great Ocean Road Coast and
Parks Authority in carrying out any function,
duty or power under this Part must take all
reasonable steps to give effect to any
traditional owner land management
agreement entered into in accordance with
the recognition and settlement agreement.".
31 Appointment and dismissal of members
For section 82M(3A) of the Conservation,
Forests and Lands Act 1987 substitute--
"(3A) Before exercising a power under subsection
(3)(c), the Secretary must consult with--
(a) Parks Victoria in relation to the
Secretary's proposed nomination if the
Board will have responsibilities for
Parks Victoria managed land; and
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
(b) the Great Ocean Road Coast and Parks
Authority in relation to the Secretary's
proposed nomination if the Board will
have responsibilities for land controlled
and managed by the Authority.".
32 Joint preparation of management plans
After section 82PA(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) If a management plan referred to in
subsection (1) applies to land that is
controlled and managed by the Great Ocean
Road Coast and Parks Authority, the
Secretary, in consultation with the Authority,
must provide assistance and guidance to the
Board to prepare the draft management
plan.".
33 Completion of preparation of management plan
After section 82PD(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) If a management plan referred to in
subsection (1) applies to land controlled and
managed by the Great Ocean Road Coast and
Parks Authority, the Secretary must consult
with the Authority--
(a) before agreeing that the plan is
completed; and
(b) before and, where necessary, while
carrying out consultation and the
provision of advice under
subsection (2).".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
34 Making and consideration of submissions
After section 82PF(4) of the Conservation,
Forests and Lands Act 1987 insert--
"(5) If a management plan applies to land
controlled and managed by the Great Ocean
Road Coast and Parks Authority--
(a) the Secretary must provide the
Authority with a copy of any relevant
submission received on the draft plan;
and
(b) the Secretary must consider each
relevant submission received in
consultation with the Authority.".
35 Agreement to management plan
After section 82PG(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) If a management plan applies to land
controlled and managed by the Great
Ocean Road Coast and Parks Authority, the
Secretary must not agree to the plan unless
the Secretary has consulted with the
Authority about the plan to the extent that it
applies to land controlled and managed by
the Authority.".
36 Approval of plan by Minister
After section 82PH(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) If a management plan referred to in
subsection (1)(b) or (c) applies to land
controlled and managed by the Great Ocean
Road Coast and Parks Authority, the
Secretary must not submit that plan to the
Minister for approval unless the Secretary
has consulted with the Authority about the
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
plan to the extent that it applies to land
controlled and managed by the Authority.".
37 Effect of plan
After section 82PI(3) of the Conservation,
Forests and Lands Act 1987 insert--
"(4) If a management plan applies to land
controlled and managed by the Great Ocean
Road Coast and Parks Authority, before
responding to the Minister on the proposed
revocation of the plan under subsection
(2)(b), the Secretary must consult with the
Authority about the plan to the extent that it
applies to land controlled and managed by
the Authority.".
38 Delegations to or in relation to Traditional Owner
Land Management Boards
After section 82Q(3) of the Conservation,
Forests and Lands Act 1987 insert--
"(4) If appointed land of a Traditional Owner
Land Management Board is land controlled
and managed by the Great Ocean Road Coast
and Parks Authority, the Authority, after
consultation with the Secretary, by
instrument may delegate any of the
Authority's functions, powers or duties
under the Crown Land (Reserves)
Act 1978, the Forests Act 1958, the Land
Act 1958, the National Parks Act 1975 or
the Wildlife Act 1975 to the Board or an
employee of the Board for the purpose of the
performance or exercise by the Board or
employee of that function, power or duty in
the course of carrying out duties relating
to the management of the appointed land by
the Traditional Owner Land Management
Board.".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
39 Appointment of authorised officers
(1) After section 83(1)(ae) of the Conservation,
Forests and Lands Act 1987 insert--
"(af) a specified employee or a specified class of
employee of the Great Ocean Road Coast
and Parks Authority; or".
(2) After section 83(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) Without limiting subsection (1), the Great
Ocean Road Coast and Parks Authority may
appoint as authorised officers any employee
or class of employee of the Authority for any
or all land managed by the Authority.".
(3) In section 83(3) of the Conservation, Forests
and Lands Act 1987, after "(1A)" insert
"or (1B)".
(4) After section 83(6) of the Conservation, Forests
and Lands Act 1987 insert--
"(7) The Great Ocean Road Coast and Parks
Authority must give to each authorised
officer appointed under subsection (1B) a
certificate of appointment stating the relevant
law for the purposes of which the person is
appointed as an authorised officer and the
land or area in respect of which the person is
appointed.".
40 Statement of authorised officer is evidence
In section 87(b) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria"
substitute ", Parks Victoria or the Great Ocean
Road Coast and Parks Authority".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
41 Section 88 amended
(1) In the heading to section 88 of the Conservation,
Forests and Lands Act 1987, after "Parks
Victoria" insert "or Great Ocean Road Coast
and Parks Authority".
(2) After section 88(1A) of the Conservation,
Forests and Lands Act 1987 insert--
"(1B) A certificate signed by the chief executive
officer of the Great Ocean Road Coast and
Parks Authority to the effect that--
(a) the person referred to in the certificate
is an authorised officer appointed by
the Authority; or
(b) the person holds an authority issued
by the Authority on such terms and
conditions as referred to in the
certificate or does not hold an authority;
or
(c) a road or track on Crown land
(including reserved forest) that is land
controlled and managed by the
Authority, is or is not closed (whether
temporarily or permanently) for the
purposes of a relevant law--
is evidence of that fact.".
(3) After section 88(2A) of the Conservation,
Forests and Lands Act 1987 insert--
"(2B) In any proceeding under a relevant law in
respect of land controlled and managed by
the Great Ocean Road Coast and Parks
Authority and to which the Authority is a
party, a certificate signed by the chief
executive officer of the Authority as to the
value of property or the amount of costs,
charges or expenses incurred for the
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
purposes of a relevant law is evidence and, in
the absence of evidence to the contrary, is
proof of the matters stated in the certificate.
(2C) The chief executive officer of the Great
Ocean Road Coast and Parks Authority
must cause a copy of a certificate referred to
in subsection (2B) to be served with the
charge-sheet, summons to answer a charge
or application in the proceeding.".
(4) After section 88(3A) of the Conservation,
Forests and Lands Act 1987 insert--
"(3B) A person cannot bring evidence disputing
a statement in a certificate referred to in
subsection (2B) in any proceeding under a
relevant law unless, at least 3 days before the
hearing of the proceeding, the person has
served on the Great Ocean Road Coast and
Parks Authority written notice that the
person intends to bring that evidence.".
42 Injunctions
After section 89(2) of the Conservation, Forests
and Lands Act 1987 insert--
"(3) In relation to land controlled and managed
by the Great Ocean Road Coast and Parks
Authority, the Authority may apply to a
court of competent jurisdiction for an
injunction restraining any person from
contravening a relevant law or any condition
of a works approval, authority or notice.".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
43 Parking infringements
(1) In section 94 of the Conservation, Forests and
Lands Act 1987--
(a) for "85-90" substitute "86 to 90";
(b) for "Parks Victoria or the," substitute
"Parks Victoria, the Great Ocean Road Coast
and Parks Authority or the".
(2) In section 94(a) of the Conservation, Forests and
Lands Act 1987, for "Parks Victoria land,"
substitute "Parks Victoria land or land controlled
and managed by the Great Ocean Road Coast and
Parks Authority,".
(3) After section 94(b) of the Conservation, Forests
and Lands Act 1987 insert--
"(ba) land vested in, or belonging to, or under the
control of, the Great Ocean Road Coast and
Parks Authority; and".
44 Compensation
In section 97(1) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria for relevant Parks
Victoria land" substitute ", Parks Victoria
for relevant Parks Victoria land or the Great
Ocean Road Coast and Parks Authority for
land controlled and managed by the
Authority";
(b) in paragraph (b), for "or Parks Victoria"
(where twice occurring) substitute
", Parks Victoria or the Authority";
(c) in paragraph (c), for "or Parks Victoria"
substitute ", Parks Victoria or the Authority
(as the case requires)";
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
(d) in paragraph (d), for "or Parks Victoria"
substitute ", Parks Victoria or the Authority
(as the case requires)".
45 Action for damages
(1) In section 98(1) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) for "or Parks Victoria" (where secondly
occurring) substitute ", Parks Victoria or
the Authority".
(2) In section 98(2) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) for "or Parks Victoria" (where secondly
and thirdly occurring) substitute ", Parks
Victoria or the Authority".
(3) After section 98(3)(ab) of the Conservation,
Forests and Lands Act 1987 insert--
"(ac) property of the Great Ocean Road Coast and
Parks Authority;".
(4) In section 98(4) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria"
substitute ", Parks Victoria or the Great Ocean
Road Coast and Parks Authority".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
(5) In section 98(7) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) for "or Parks Victoria" (where secondly
occurring) substitute ", Parks Victoria or
the Authority".
(6) In section 98(8)(b) of the Conservation, Forests
and Lands Act 1987--
(a) after "Parks Victoria" (where first occurring)
insert "or the Great Ocean Road Coast and
Parks Authority";
(b) after "Parks Victoria" (where secondly
occurring) insert "or the Authority".
(7) In section 98(9) of the Conservation, Forests
and Lands Act 1987--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) for "or Parks Victoria" (where secondly
occurring) substitute ", Parks Victoria or
the Authority".
(8) In section 98(10) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria's
right" substitute ", Parks Victoria's right or the
Great Ocean Road Coast and Parks Authority's
right".
(9) In section 98(11) of the Conservation, Forests
and Lands Act 1987, for "or Parks Victoria"
substitute ", Parks Victoria or the Great Ocean
Road Coast and Parks Authority".
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Part 5--Amendment of Conservation, Forests and Lands Act 1987
46 Schedule 1 amended--statute law revision
In Schedule 1 to the Conservation, Forests and
Lands Act 1987, for "Water Industry Act 1994"
substitute "Water Industry Act 1994.".
58
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Part 6--Amendment of Crown Land (Reserves) Act 1978
Part 6--Amendment of Crown Land
(Reserves) Act 1978
47 Power to amend or revoke permanent reservations
After section 11(3) of the Crown Land
(Reserves) Act 1978 insert--
"(4) A permanent reservation of land in the Great
Ocean Road coast and parks may be revoked
by a Reservation Order within the meaning
of section 3 of the Great Ocean Road and
Environs Protection Act 2020.".
48 Use of reserved land for apiculture
In section 17H of the Crown Land (Reserves)
Act 1978, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
49 Power of Secretary to enter into management
agreements
(1) After section 18B(4) of the Crown Land
(Reserves) Act 1978 insert--
"(4A) The Secretary must consult with the Great
Ocean Road Coast and Parks Authority
before entering into a management
agreement under subsection (3) in relation
to land controlled and managed by the
Authority.".
(2) In section 18B(6) of the Crown Land (Reserves)
Act 1978--
(a) after paragraph (a) insert--
"(ab) provides for a Traditional Owner Land
Management Board to manage any land
that is reserved under this Act and that
would otherwise be controlled and
managed by the Great Ocean Road
Coast and Parks Authority under this
Act or any other enactment, the
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Part 6--Amendment of Crown Land (Reserves) Act 1978
Authority does not have power to
control and manage that land, to the
extent of the agreement; or";
(b) in paragraph (b), for "agreement." substitute
"agreement; or";
(c) after paragraph (b) insert--
"(c) provides for a Traditional Owner Land
Management Board to carry out any
function, power or duty in relation to
any land that is reserved under this Act
and that would otherwise be carried out
by the Great Ocean Road Coast and
Parks Authority, the Authority does not
have power to carry out that function,
power or duty, to the extent of the
agreement.".
50 Section 18D amended
(1) In the heading to section 18D of the Crown Land
(Reserves) Act 1978, for "or Parks Victoria"
substitute ", Parks Victoria or Great Ocean
Road Coast and Parks Authority".
(2) In section 18D(1) of the Crown Land (Reserves)
Act 1978--
(a) for "or Parks Victoria" (where first
occurring) substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority";
(b) in paragraph (a) and (b), for "or Parks
Victoria" substitute ", Parks Victoria or
the Authority".
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Part 6--Amendment of Crown Land (Reserves) Act 1978
51 New section 21AD inserted
Before section 21A of the Crown Land
(Reserves) Act 1978 insert--
"21AD Definition for this Part
In this Part--
land manager, in relation to land in the
Great Ocean Road coast and parks on
and from 1 July 2023, means the Great
Ocean Road Coast and Parks Authority,
regardless of whether or not the Great
Ocean Road Coast and Parks Authority
has been appointed as land manager.".
52 New section 34B inserted
After section 34A of the Crown Land (Reserves)
Act 1978 insert--
"34B Transitional provision for tour operator
licences--Great Ocean Road and
Environs Protection Amendment Act 2021
Despite the commencement of the Great
Ocean Road and Environs Protection
Amendment Act 2021, a tour operator
licence granted under section 21B before
1 July 2023, which immediately before that
date permitted the licence holder to conduct
a tour or recreational activity on land in the
Great Ocean Road coast and parks, continues
to permit the licence holder to conduct that
tour or activity on that land on and after that
commencement, unless the licence is
otherwise varied, suspended or cancelled.".
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Part 7--Amendment of Domestic Animals Act 1994
Part 7--Amendment of Domestic Animals
Act 1994
53 Definitions
(1) In section 3(1) of the Domestic Animals
Act 1994 insert--
"Great Ocean Road coast and parks has the same
meaning as in section 3 of the Great Ocean
Road and Environs Protection Act 2020;
Great Ocean Road Coast and Parks Authority
means the Great Ocean Road Coast and
Parks Authority established under Part 5 of
the Great Ocean Road and Environs
Protection Act 2020;
Great Ocean Road Coast and Parks Authority
authorised officer means a person appointed
under section 72B;".
(2) In section 3(1) of the Domestic Animals
Act 1994, in the definition of authorised officer,
for "or 72A" substitute ", 72A or 72B".
54 Registered dog or cat to have identification marker
outside premises
In section 20(2)(f) of the Domestic Animals
Act 1994, after "26(2)" insert "or 26A(2)".
55 New section 26A inserted
After section 26 of the Domestic Animals
Act 1994 insert--
"26A Dogs and cats found in places specified by
the Great Ocean Road Coast and Parks
Authority
(1) If a dog or cat is found in a place in respect
of which an order under this section has been
made in contravention of that order or any
terms and conditions of that order, the owner
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Part 7--Amendment of Domestic Animals Act 1994
is guilty of an offence and liable to a penalty
of not more than 2 penalty units for a first
offence and 4 penalty units for a second or
subsequent offence.
(2) The Great Ocean Road Coast and Parks
Authority, by resolution, may make an order
under this section which may do all or any of
the following--
(a) prohibit the presence of dogs or cats in
any public place which is land in the
Great Ocean Road coast and parks,
other than land administered under the
National Parks Act 1975 or the
Wildlife Act 1975;
(b) impose all or any of the following
conditions on the presence of dogs or
cats in any public place which is land in
the Great Ocean Road coast and parks,
other than land administered under the
National Parks Act 1975 or the
Wildlife Act 1975--
(i) conditions as to the means of
restraint of dogs or cats;
(ii) conditions as to the times at which
the presence of dogs or cats is or
is not permitted;
(iii) any other conditions that are
specified in the order.
(3) If the Authority proposes to make an order
under this section in respect of a public place
within the meaning of section 3 of the
Summary Offences Act 1966, that is on
private land, the Authority must obtain the
agreement of the owner or occupier of the
private land to the order before making the
order.
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Part 7--Amendment of Domestic Animals Act 1994
(4) An order made by the Authority under this
section must be published--
(a) in the Government Gazette; and
(b) on the website of the Great Ocean Road
Coast and Parks Authority; and
(c) in a newspaper circulating in the Great
Ocean Road region within the meaning
of the Great Ocean Road and
Environs Protection Act 2020.
(5) A condition under subsection (2)(b)(i)
does not apply to a dog in any of the
circumstances listed in section 20(2).".
56 New section 72B inserted
After section 72A of the Domestic Animals
Act 1994 insert--
"72B Appointment of Great Ocean Road Coast
and Parks Authority authorised officers
(1) The Great Ocean Road Coast and Parks
Authority, by instrument, may appoint any
person who is an employee of the Authority
as an authorised officer.
(2) The Authority must specify the period
for which the person is to be appointed in
the instrument of appointment under
subsection (1).".
57 Identity cards for authorised officers
In section 73 of the Domestic Animals
Act 1994--
(a) in subsection (1), for "or Council" substitute
", Council or Great Ocean Road Coast and
Parks Authority";
(b) in subsection (3), for "his or her" substitute
"the officer's".
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Part 7--Amendment of Domestic Animals Act 1994
58 Entry, search and other powers of authorised
officers for some purposes
(1) After section 74(1C) of the Domestic Animals
Act 1994 insert--
"(1D) A Great Ocean Road Coast and Parks
Authority authorised officer may take any
reasonable action that is necessary to find
out, in relation to an order under section 26
or 26A, whether the provisions of the
following are being complied with--
(a) this Act;
(b) the regulations;
(c) a notice to comply issued under this
Act.".
(2) After section 74(2) of the Domestic Animals
Act 1994 insert--
"(2A) A Great Ocean Road Coast and Parks
Authority authorised officer who is
exercising a power under subsection (1D)
may exercise the powers set out in
subsection (2)(c) to (f).".
(3) In section 74(3) of the Domestic Animals
Act 1994, for "or (1B)" substitute ", (1B)
or (1D)".
59 Council contracted authorised officers may request
name and address, ask questions
In section 74A of the Domestic Animals
Act 1994, after "26," insert "26A,".
60 Seizure of dog or cat in certain circumstances
In section 84 of the Domestic Animals Act 1994,
for "or 26" substitute ", 26 or 26A".
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Part 7--Amendment of Domestic Animals Act 1994
61 Power to serve infringement notice
(1) In the table to section 85(1) of the Domestic
Animals Act 1994--
(a) in Column 2 of the entry relating to
"Departmental authorised officer", after
"26(1)," insert "26A(1),";
(b) in Column 2 of the entry relating to
"Council authorised officer", after "26(1),"
insert "26A(1),";
(c) in Column 2 of the entry relating to
"Council contracted authorised officer",
after "26(1)," insert "26A(1),".
(2) In the table to section 85(1) of the Domestic
Animals Act 1994, after the entry relating to
"Council contracted authorised officer" insert--
"Great Ocean Road Coast 26(1), 26A(1)".
and Parks Authority
authorised officer
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Part 8--Amendment of Forests Act 1958
Part 8--Amendment of Forests Act 1958
62 Definitions
In section 3(1) of the Forests Act 1958, after
paragraph (a) of the definition of land manager
insert--
"(ab) for land that is controlled and managed by
the Great Ocean Road Coast and Parks
Authority, the Great Ocean Road Coast and
Parks Authority; or".
63 Section 6 amended
(1) In the heading to section 6 of the Forests
Act 1958, for "or Parks Victoria" substitute
", Parks Victoria or Great Ocean Road Coast
and Parks Authority".
(2) In section 6 of the Forests Act 1958, after "Parks
Victoria" insert ", the Great Ocean Road Coast
and Parks Authority".
64 Section 18 amended
In the heading to section 18 of the Forests
Act 1958, for "and Parks Victoria" substitute
", Parks Victoria and Great Ocean Road Coast
and Parks Authority".
65 Section 18AA amended
(1) In the heading to section 18AA of the Forests
Act 1958, after "land" insert "or land managed
by Great Ocean Road Coast and Parks
Authority".
(2) In section 18AA of the Forests Act 1958, after
"land" insert "or land controlled and managed by
the Great Ocean Road Coast and Parks
Authority".
67
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66 Section 18C heading amended
In the heading to section 18C of the Forests
Act 1958, for "or Parks Victoria" substitute
", Parks Victoria or Great Ocean Road Coast
and Parks Authority".
67 Section 18D heading amended
In the heading to section 18D of the Forests
Act 1958, for "and Parks Victoria" substitute
", Parks Victoria and Great Ocean Road Coast
and Parks Authority".
68 Section 20 amended
(1) In the heading to section 20 of the Forests
Act 1958, for "and Parks Victoria" substitute
", Parks Victoria and Great Ocean Road Coast
and Parks Authority".
(2) After section 20(2) of the Forests Act 1958
insert--
"(3) Subject to this Act, for land controlled and
managed by the Great Ocean Road Coast and
Parks Authority, the Great Ocean Road
Coast and Parks Authority may make
provision for the following out of the
moneys available for the purposes of--
(a) facilities for public recreation and for
the protection of native flora and fauna
in State forests;
(b) the promotion of good relations
between the Great Ocean Road Coast
and Parks Authority and the public.".
69 Working plans for State forests
In section 22(3) of the Forests Act 1958, after
"land" insert "or land controlled and managed
by the Great Ocean Road Coast and Parks
Authority".
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70 Management agreements with Traditional Owner
Land Management Boards
(1) After section 28(2) of the Forests Act 1958
insert--
"(2A) The Secretary must consult with the Great
Ocean Road Coast and Parks Authority
before entering into a management
agreement under subsection (1) in relation to
land controlled and managed by the Great
Ocean Road Coast and Parks Authority.".
(2) After section 28(4) of the Forests Act 1958
insert--
"(4A) If an agreement under subsection (1)--
(a) provides for a Traditional Owner Land
Management Board to manage any land
that is reserved forest and that would
otherwise be controlled and managed
by the Great Ocean Road Coast and
Parks Authority under this Act or any
other enactment, the Great Ocean Road
Coast and Parks Authority does not
have power to manage that land, to the
extent of the agreement; or
(b) provides for a Traditional Owner Land
Management Board to carry out any
function, power or duty in relation to
any land that is reserved forest and that
would otherwise be carried out by the
Great Ocean Road Coast and Parks
Authority, the Great Ocean Road Coast
and Parks Authority does not have
power to carry out that function, power
or duty, to the extent of the
agreement.".
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(3) In section 28(5) of the Forests Act 1958, for
"Subsection (4) has" substitute "Subsections (4)
and (4A) have".
71 Power to declare land in reserved forests to be a
forest park etc.
After section 50(6) of the Forests Act 1958
insert--
"(7) Despite subsection (6), any moneys received
by the Great Ocean Road Coast and Parks
Authority pursuant to any regulation made
under this section is to be paid into the Great
Ocean Road Coast and Parks Account
established under section 62A of the Great
Ocean Road and Environs Protection
Act 2020.".
72 Grant of tour operator licence
After section 57F(2) of the Forests Act 1958
insert--
"(3) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
73 Application for tour operator licence
After section 57G(3) of the Forests Act 1958
insert--
"(4) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
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Authority has been appointed as land
manager.".
74 Tour operator licence conditions
At the end of section 57I of the Forests Act 1958
insert--
"(2) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
75 Variation of tour operator licence
After section 57K(5) of the Forests Act 1958
insert--
"(6) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
76 Suspension of tour operator licence
After section 57L(3) of the Forests Act 1958
insert--
"(4) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
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77 Making submissions on suspension
After section 57M(4) of the Forests Act 1958
insert--
"(5) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
78 Cancellation of tour operator licence
After section 57N(5) of the Forests Act 1958
insert--
"(6) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to a land manager in this section is
a reference to the Great Ocean Road Coast
and Parks Authority, regardless of whether
or not the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
79 Proclamation of protected forests
(1) In section 58(3)(a) of the Forests Act 1958--
(a) after "recorded land" insert "or land
controlled and managed by the Great
Ocean Road Coast and Parks Authority";
(b) in subparagraph (i), after "Victoria" insert
"or the Great Ocean Road Coast and Parks
Authority (as the case may be)".
(2) In section 58(3A)(b) of the Forests Act 1958,
after "land," insert "or land controlled and
managed by the Great Ocean Road Coast and
Parks Authority".
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80 Declaration of protected public lands
In section 62(1A) of the Forests Act 1958--
(a) in paragraph (b), after "Parks Victoria"
insert "or the Great Ocean Road Coast
and Parks Authority";
(b) in paragraph (c), after "Parks Victoria"
(where twice occurring) insert "or the Great
Ocean Road Coast and Parks Authority";
(c) in paragraph (d)(iii), after "Parks Victoria"
insert "or the Great Ocean Road Coast and
Parks Authority".
81 Secretary may enter into agreements and
arrangements relating to the prevention and
suppression of fires and recovery from fires
In section 62C(4) of the Forests Act 1958, after
paragraph (c) of the definition of specified person
insert--
"(ca) a person appointed or employed under
section 50 or 51 of the Great Ocean Road
and Environs Protection Act 2020;".
82 Immunity provision
After section 72(1)(b) of the Forests Act 1958
insert--
"(ba) a person appointed or employed under
section 50 or 51 of the Great Ocean Road
and Environs Protection Act 2020;".
83 Restriction on dealings by authorised officers
In section 84 of the Forests Act 1958, for
"or Parks Victoria" substitute ", Parks Victoria
or the Great Ocean Road Coast and Parks
Authority".
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84 New section 106 inserted
After section 105 of the Forests Act 1958
insert--
"106 Transitional provision for tour operator
licences--Great Ocean Road and
Environs Protection Amendment Act 2021
Despite the commencement of the Great
Ocean Road and Environs Protection
Amendment Act 2021, a tour operator
licence granted under section 57F before
1 July 2023, which immediately before that
date permitted the licence holder to conduct
a tour or recreational activity on land in the
Great Ocean Road coast and parks, continues
to permit the licence holder to conduct that
tour or activity on that land on and after that
date, unless the licence is otherwise varied,
suspended or cancelled.".
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Part 9--Amendment of Land Act 1958
Part 9--Amendment of Land Act 1958
85 Definitions
(1) In section 2A of the Land Act 1958 insert the
following definitions--
"Great Ocean Road coast and parks has the same
meaning as in section 3 of the Great Ocean
Road and Environs Protection Act 2020;
Great Ocean Road Coast and Parks Authority
means the Great Ocean Road Coast and
Parks Authority established under Part 5 of
the Great Ocean Road and Environs
Protection Act 2020;
land manager means--
(a) for Parks Victoria recorded land, Parks
Victoria; or
(b) for land controlled and managed by the
Great Ocean Road Coast and Parks
Authority under section 62Q of the
Great Ocean Road and Environs
Protection Act 2020, the Great Ocean
Road Coast and Parks Authority; or
(c) for all other land, the Secretary;".
(2) In section 2A of the Land Act 1958, in
paragraph (c) of the definition of regulated
watercourse land, for "or Parks Victoria"
substitute ", Parks Victoria or the Great
Ocean Road Coast and Parks Authority".
(3) In section 2A of the Land Act 1958, in
paragraph (d)(ii) of the definition of water
frontage, for "Victoria;" substitute "Victoria
or the Great Ocean Road Coast and Parks
Authority;".
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86 Definitions
In section 3(1) of the Land Act 1958, the
definition of land manager is repealed.
87 Management agreements with Traditional Owner
Land Management Boards
(1) After section 4B(2) of the Land Act 1958
insert--
"(2A) The Secretary must consult with the Great
Ocean Road Coast and Parks Authority
before entering into a management
agreement under subsection (1) in relation to
land controlled and managed by the Great
Ocean Road Coast and Parks Authority.".
(2) After section 4B(4) of the Land Act 1958
insert--
"(4A) If an agreement under subsection (1)--
(a) provides for a Traditional Owner Land
Management Board to manage any land
that is unreserved Crown land and that
would otherwise be controlled and
managed by the Great Ocean Road
Coast and Parks Authority under this
Act or any other enactment, the Great
Ocean Road Coast and Parks Authority
does not have power to manage that
land, to the extent of the agreement; or
(b) provides for a Traditional Owner Land
Management Board to carry out any
function, power or duty in relation to
any land that is unreserved Crown land
and that would otherwise be carried out
by the Great Ocean Road Coast and
Parks Authority, the Great Ocean Road
Coast and Parks Authority does not
have power to carry out that function,
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power or duty, to the extent of the
agreement.".
(3) In section 4B(5) of the Land Act 1958, for
"Subsection (4) has" substitute "Subsections (4)
and (4A) have".
88 Grant of tour operator licence
After section 140I(2) of the Land Act 1958
insert--
"(3) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
89 Application for tour operator licence
After section 140J(3) of the Land Act 1958
insert--
"(4) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
90 Tour operator licence conditions
At the end of section 140L of the Land Act 1958
insert--
"(2) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
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authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
91 Variation of licence to operate as activity provider
or tour operator on Crown land
After section 140N(5) of the Land Act 1958
insert--
"(6) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
92 Suspension of tour operator licence
After section 140O(3) of the Land Act 1958
insert--
"(4) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
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93 Making submissions on suspension
After section 140P(4) of the Land Act 1958
insert--
"(5) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
94 Cancellation of tour operator licence
After section 140Q(5) of the Land Act 1958
insert--
"(6) On and from 1 July 2023, in relation to land
in the Great Ocean Road coast and parks, a
reference to the Minister or a person
authorised by the Minister in this section is a
reference to the Great Ocean Road Coast and
Parks Authority, regardless of whether or not
the Great Ocean Road Coast and Parks
Authority has been appointed as land
manager.".
95 Land over which bee site licence may be granted
(1) In section 143(1)(b)(i) of the Land Act 1958, for
"Victoria;" substitute "Victoria or the Great
Ocean Road Coast and Parks Authority;".
(2) In the note at the foot of section 143(1)(b) of the
Land Act 1958, after "Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
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(3) In section 143(1)(d)(ii) of the Land Act 1958--
(a) after "Victoria" insert "or the Great Ocean
Road Coast and Parks Authority";
(b) before "19A" insert "16A,".
(4) In section 143(1)(d)(iii) of the Land Act 1958,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
96 Offences
In section 149(1)(c)(ii) of the Land Act 1958,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
97 New section 419 inserted
After section 418 of the Land Act 1958 insert--
"419 Transitional provision for tour operator
licences--Great Ocean Road and
Environs Protection Amendment Act 2021
Despite the commencement of the Great
Ocean Road and Environs Protection
Amendment Act 2021, a tour operator
licence granted under section 140I before
1 July 2023, which immediately before that
date permitted the licence holder to conduct
a tour or recreational activity on land in the
Great Ocean Road coast and parks, continues
to permit the licence holder to conduct that
tour or activity on that land on and after that
date, unless the licence is otherwise varied,
suspended or cancelled.".
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Part 10--Amendment of Local Government Act 1989
Part 10--Amendment of Local Government
Act 1989
98 Definitions
(1) In section 3(1) of the Local Government
Act 1989 insert the following definition--
"Great Ocean Road Coast and Parks Authority
means the Great Ocean Road Coast and
Parks Authority established under Part 5 of
the Great Ocean Road and Environs
Protection Act 2020;".
(2) In section 3(1) of the Local Government
Act 1989, the definitions of approved Great
Ocean Road strategic framework plan, Great
Ocean Road coast and parks protection
principles and Great Ocean Road region are
repealed.
99 New section 224B inserted
After section 224A of the Local Government
Act 1989 insert--
"224B Great Ocean Road Coast and Parks
Authority authorised officers to enforce
certain local laws
(1) This section applies if a provision of a local
law of a Council applies to activity on land
in the Great Ocean Road coast and parks or
the Great Ocean Road scenic landscapes
area.
(2) The Great Ocean Road Coast and Parks
Authority may publish a notice in the
Government Gazette identifying the
provision of the local law and stating that
any authorised officer appointed under
section 83(1B) of the Conservation, Forests
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and Lands Act 1987 may enforce that
provision.
(3) If the Great Ocean Road Coast and Parks
Authority publishes a notice referred to in
subsection (2), any authorised officer
appointed under section 83(1B) of the
Conservation, Forests and Lands Act 1987
may enforce the provision as if the
authorised officer was appointed to be an
authorised officer under section 224 with
respect to the provision.".
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Part 11--Amendment of Local Government Act 2020
Part 11--Amendment of Local Government
Act 2020
100 Definitions
In section 3(1) of the Local Government
Act 2020 insert the following definitions--
"approved Great Ocean Road strategic
framework plan has the same meaning as in
the Great Ocean Road and Environs
Protection Act 2020;
Great Ocean Road coast and parks has the same
meaning as in the Great Ocean Road and
Environs Protection Act 2020;
Great Ocean Road coast and parks protection
principles has the same meaning as in the
Great Ocean Road and Environs
Protection Act 2020;
Great Ocean Road region has the same meaning
as in the Great Ocean Road and Environs
Protection Act 2020;
Great Ocean Road scenic landscapes area has
the same meaning as in the Great Ocean
Road and Environs Protection Act 2020;".
101 New section 7A inserted
After section 7 of the Local Government
Act 2020 insert--
"7A Obligations of Council in relation to Great
Ocean Road region
(1) A Council that is a responsible entity within
the meaning of the Great Ocean Road and
Environs Protection Act 2020, when
performing a function or duty or exercising a
power under this Act--
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(a) must not act inconsistently with any
part of an approved Great Ocean Road
strategic framework plan that is
expressed to be binding on the Council
in relation to the Great Ocean Road
scenic landscapes area; and
(b) must have regard to the Great Ocean
Road coast and parks protection
principles in relation to the Great Ocean
Road coast and parks; and
(c) must have regard to those parts of an
approved Great Ocean Road strategic
framework plan not expressed to be
binding on the Council in relation to the
Great Ocean Road region.
(2) Subsection (1) does not apply to the
performance of a function or the exercise of
a power by a Council in relation to a
declared project within the meaning of the
Major Transport Projects Facilitation
Act 2009.".
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Part 12--Amendment of National Parks Act 1975
Part 12--Amendment of National Parks
Act 1975
102 Definitions
In section 3(1) of the National Parks Act 1975
insert the following definition--
"Great Ocean Road Coast and Parks Authority
means the Great Ocean Road Coast and
Parks Authority established under Part 5 of
the Great Ocean Road and Environs
Protection Act 2020;".
103 Management agreements with Traditional Owner
Land Management Boards
(1) In section 16A(2) of the National Parks
Act 1975, after "Parks Victoria" insert ", or the
Great Ocean Road Coast and Parks Authority for
land managed under this Act that is controlled and
managed by the Great Ocean Road Coast and
Parks Authority,".
(2) In section 16A(4) of the National Parks
Act 1975--
(a) in paragraph (a)--
(i) after "Parks Victoria" (where first
occurring) insert "or the Great Ocean
Road Coast and Parks Authority";
(ii) after "Parks Victoria" (where secondly
occurring) insert "or the Great Ocean
Road Coast and Parks Authority (as the
case may be)";
(b) in paragraph (b)--
(i) after "Parks Victoria" (where first
occurring) insert "or the Great Ocean
Road Coast and Parks Authority";
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(ii) after "Parks Victoria" (where secondly
occurring) insert "or the Great Ocean
Road Coast and Parks Authority (as the
case may be)".
104 New Part IIA inserted
After Part II of the National Parks Act 1975
insert--
"Part IIA--Great Ocean Road
Coast and Parks Authority--land
management
16C Appointment of Great Ocean Road Coast
and Parks Authority as land manager
(1) The Governor in Council, on the
recommendation of the Minister, by Order
published in the Government Gazette, may
appoint the Great Ocean Road Coast and
Parks Authority as land manager for any land
managed under this Act within the Great
Ocean Road coast and parks.
Note
See also section 62Q(2) of the Great Ocean Road
and Environs Protection Act 2020 and Schedule 1
to that Act.
(2) The Minister may only recommend that the
Great Ocean Road Coast and Parks
Authority be appointed land manager after
receiving approval of that proposed
appointment by all other Ministers who--
(a) administer this Act; and
(b) administer the Parks Victoria
Act 2018.
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(3) On an Order under subsection (1), the Great
Ocean Road Coast and Parks Authority has
control and management of land for which it
is appointed as land manager.
(4) An order under subsection (1) must not be
inconsistent with a management agreement
under section 16A(1).
16D Management agreements with Parks
Victoria
The Great Ocean Roads Coast and Parks
Authority must not enter into a management
agreement for or relating to the following
unless the agreement is entered into with
Parks Victoria on the approval of the
Minister and the Minister administering the
Parks Victoria Act 2018--
(a) the management of any or all land
managed under this Act for which the
Great Ocean Road Coast and Parks
Authority is appointed land manager
by Order under section 16C(1); or
(b) the carrying out of specified functions,
powers or duties in relation to the
management of any land managed
under this Act for which the Great
Ocean Road Coast and Parks Authority
is appointed land manager by Order
under section 16C(1).
16E Great Ocean Road Coast and Parks
Authority to provide reporting
information to Parks Victoria
The Great Ocean Road Coast and Parks
Authority must provide Parks Victoria with
any information Parks Victoria reasonably
requires to comply with section 35.
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16F Great Ocean Road Coast and Parks
Authority's performance and exercise of
functions and powers
The Great Ocean Road Coast and Parks
Authority may only perform a function or
exercise a power under this Act to the extent
that it relates to the land managed under this
Act for which the Great Ocean Road Coast
and Parks Authority is appointed as land
manager under--
(a) an Order under section 16C(1); or
(b) under section 62Q(2) of the Great
Ocean Road and Environs Protection
Act 2020.".
105 National parks and State parks
(1) In section 17(2) of the National Parks Act 1975,
after "16A(1)" insert ", any Order under
section 16C(1), and section 62Q(2) of the Great
Ocean Road and Environs Protection
Act 2020".
(2) In section 17(5) of the National Parks Act 1975,
after "Parks Victoria" insert "or the Great Ocean
Road Coast and Parks Authority".
(3) After section 17(5) of the National Parks
Act 1975 insert--
"(6) The Great Ocean Road Coast and Parks
Authority has the functions and duties
referred to in this section in relation to land
managed under this Act for which it is
appointed as land manager--
(a) by Order under section 16C(1); or
(b) under section 62Q(2) of the Great
Ocean Road and Environs Protection
Act 2020.
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(7) Despite subsections (2) and (5), Parks
Victoria must prepare a plan of management
for the Great Otway National Park.
(8) In preparing a plan of management referred
to in subsection (7), Parks Victoria must
obtain approval from the Great Ocean Road
Coast and Parks Authority for any part of the
plan related to land managed under this Act
for which the Great Ocean Road Coast and
Parks Authority is appointed as land
manager by Order under section 16C(1) or
under section 62Q(2) of the Great Ocean
Road and Environs Protection Act 2020.
(9) Subsection (8) does not prevent Parks
Victoria from including a plan of
management referred to in subsection (7) as
part of a land management plan within the
meaning of section 3 of the Parks Victoria
Act 2018.".
106 Marine national parks and marine sanctuaries
(1) In section 17D(3) of the National Parks
Act 1975--
(a) after "16A(1)" insert ", any Order under
section 16C(1), and section 62Q(2) of the
Great Ocean Road and Environs
Protection Act 2020";
(b) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority
(as the case may be)".
(2) In section 17D(5) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority
(as the case requires)".
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(3) After section 17D(5) of the National Parks
Act 1975 insert--
"(6) The Great Ocean Road Coast and Parks
Authority has the functions and duties
referred to in this section in relation to land
managed under this Act for which it is
appointed as land manager--
(a) by Order under section 16C(1); or
(b) under section 62Q(2) of the Great
Ocean Road and Environs Protection
Act 2020.".
107 Other parks
(1) In section 18(2) of the National Parks
Act 1975--
(a) after "16A(1)" insert ", any Order under
section 16C(1), and section 62Q(2) of the
Great Ocean Road and Environs
Protection Act 2020";
(b) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority
(as the case may be)".
(2) In section 18(4) of the National Parks Act 1975,
after "Parks Victoria" insert "or the Great Ocean
Road Coast and Parks Authority (as the case
requires)".
(3) After section 18(4) of the National Parks
Act 1975 insert--
"(5) The Great Ocean Road Coast and Parks
Authority has the functions and duties
referred to in this section in relation to land
managed under this Act for which it is
appointed as land manager--
(a) by Order under section 16C(1); or
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(b) under section 62Q(2) of the Great
Ocean Road and Environs Protection
Act 2020.".
108 Management of land prior to its reservation
(1) In section 19AA(1) of the National Parks
Act 1975--
(a) after "Parks Victoria" (where first occurring)
insert "or the Great Ocean Road Coast and
Parks Authority";
(b) after "Parks Victoria" (where secondly
occurring) insert "or the Great Ocean Road
Coast and Parks Authority (as the case may
be)".
(2) In section 19AA(2) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
109 Management agreements with Trust for Nature
(1) In section 19A(1) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
(2) In section 19A(2) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
(3) In section 19A(4) of the National Parks
Act 1975, for "Parks Victoria" substitute
", Parks Victoria, the Great Ocean Road
Coast and Parks Authority,".
110 Minister may make management agreements with
public authorities
(1) In section 19C(1) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
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(2) In section 19C(3) of the National Parks
Act 1975--
(a) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority";
(b) for "it" substitute "the public authority".
(3) In section 19C(4) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
111 Leasing and managing of land adjacent to parks
For section 19E(2) of the National Parks
Act 1975 substitute--
"(2) The Minister may direct land leased under
subsection (1) to be managed by either of the
following, as though it were part of the park
to which it is adjacent and were specified in
the lease--
(a) Parks Victoria, if the leased land is
adjacent to land in a park controlled
and managed by Parks Victoria;
(b) the Great Ocean Road Coast and Parks
Authority, if the leased land is adjacent
to land in a park controlled and
managed by the Great Ocean Road
Coast and Parks Authority.".
112 Section 20 amended
(1) In the heading to section 20 of the National Parks
Act 1975, after "Victoria" insert "and Great
Ocean Road Coast and Parks Authority".
(2) In section 20(1) of the National Parks Act 1975,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
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(3) In section 20(2) of the National Parks
Act 1975--
(a) after "Parks Victoria" (where first occurring)
insert "or the Great Ocean Road Coast and
Parks Authority";
(b) after "Parks Victoria" (where secondly,
thirdly, fourthly and fifthly occurring) insert
"or the Great Ocean Road Coast and Parks
Authority (as the case requires)".
113 Section 20B amended
(1) In the heading to section 20B of the National
Parks Act 1975, for "or Parks Victoria"
substitute ", Parks Victoria or Great Ocean
Road Coast and Parks Authority".
(2) In section 20B(1) of the National Parks
Act 1975--
(a) for "or Parks Victoria," substitute ", Parks
Victoria or the Great Ocean Road Coast and
Parks Authority,";
(b) in paragraphs (a) and (b), for "or Parks
Victoria" substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority".
114 Section 20C amended
(1) In the heading to section 20C of the National
Parks Act 1975, for "and Parks Victoria"
substitute ", Parks Victoria and Great Ocean
Road Coast and Parks Authority".
(2) In section 20C(1) of the National Parks
Act 1975--
(a) for "or Parks Victoria," substitute ", Parks
Victoria or the Great Ocean Road Coast and
Parks Authority,";
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(b) in paragraphs (a) and (c), for "or Parks
Victoria" substitute ", Parks Victoria or
the Great Ocean Road Coast and Parks
Authority".
115 Section 21 amended
(1) In the heading to section 21 of the National Parks
Act 1975, after "Victoria" insert "and Great
Ocean Road Coast and Parks Authority".
(2) In section 21(1) of the National Parks
Act 1975--
(a) after "Parks Victoria," insert "or the Great
Ocean Road Coast and Parks Authority,";
(b) in paragraphs (a) and (b), after "Parks
Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
(3) In section 21(1AA) of the National Parks
Act 1975--
(a) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority";
(b) in paragraph (b), after "Parks Victoria"
insert "or the Great Ocean Road Coast and
Parks Authority (as the case may be)".
(4) In section 21(2A) of the National Parks
Act 1975, after "Victoria" insert "or the Great
Ocean Road Coast and Parks Authority (as the
case may be)".
(5) In section 21(3) of the National Parks Act 1975,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority (as the case may be)".
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116 Permits to take fish or fishing bait for research in
marine national parks and marine sanctuaries
(1) In section 21A(1) of the National Parks
Act 1975, after "Victoria" (where twice occurring)
insert "or the Great Ocean Road Coast and Parks
Authority".
(2) In section 21A(2) of the National Parks
Act 1975, after "Victoria" insert "or the Great
Ocean Road Coast and Parks Authority (as the
case may be)".
117 Rights of public authorities in respect of parks
In section 27 of the National Parks Act 1975--
(a) in subsections (1) and (2), after "Parks
Victoria" insert "or the Great Ocean Road
Coast and Parks Authority (as the case
requires)";
(b) in subsection (3)--
(i) after "Parks Victoria" (where first
occurring) insert "or the Great Ocean
Road Coast and Parks Authority";
(ii) in paragraph (b), after "Parks Victoria"
insert "or the Great Ocean Road Coast
and Parks Authority (as the case
requires)".
118 Section 27BB amended
(1) In the heading to section 27BB of the National
Parks Act 1975, after "Victoria" insert
"or Great Ocean Road Coast and Parks
Authority".
(2) In section 27BB of the National Parks Act 1975,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
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119 Section 27BC amended
(1) In the heading to section 27BC of the National
Parks Act 1975, after "Victoria" insert
"or Great Ocean Road Coast and Parks
Authority".
(2) In section 27BC of the National Parks Act 1975,
after "Victoria" insert "or the Great Ocean Road
Coast and Parks Authority".
120 Grant of tour operator licence
In section 27D of the National Parks Act 1975,
after "Parks Victoria" (where twice occurring)
insert "or the Great Ocean Road Coast and Parks
Authority (as the case requires)".
121 Application for tour operator licence
For section 27E(1) of the National Parks
Act 1975 substitute--
"(1) A person may apply for a tour operator
licence to--
(a) Parks Victoria, in relation to a park
outside the Great Ocean Road coast
and parks; or
(b) the Great Ocean Road Coast and Parks
Authority, in relation to a park in the
Great Ocean Road coast and parks.".
122 Tour operator licence conditions
In section 27G(a) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
123 Variation of tour operator licence
(1) In section 27I(1) of the National Parks Act 1975,
for "Parks Victoria" substitute "the body that
granted the licence (either Parks Victoria or the
Great Ocean Road Coast and Parks Authority)".
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(2) In section 27I(2) of the National Parks Act 1975,
after "Parks Victoria" insert "or the Great Ocean
Road Coast and Parks Authority (as the case may
be)".
(3) In section 27I(3) of the National Parks Act 1975,
after "Parks Victoria" (where twice occurring)
insert "or the Great Ocean Road Coast and Parks
Authority".
(4) In section 27I(4) of the National Parks
Act 1975--
(a) after "Parks Victoria" (where twice
occurring) insert "or the Great Ocean Road
Coast and Parks Authority";
(b) after "Parks Victoria's" insert "or the Great
Ocean Road Coast and Parks Authority's".
(5) In section 27I(5) of the National Parks Act 1975,
after "Parks Victoria" (where twice occurring)
insert "or the Great Ocean Road Coast and Parks
Authority".
124 Suspension of tour operator licence
In section 27J(1) of the National Parks
Act 1975--
(a) for "is" substitute "or the Great Ocean Road
Coast and Parks Authority is";
(b) after "Parks Victoria" (where secondly
occurring) insert "or the Great Ocean Road
Coast and Parks Authority".
125 Making submissions on suspension
(1) In section 27K(1) of the National Parks
Act 1975, for "Parks Victoria" substitute
"the body that granted the licence (either Parks
Victoria or the Great Ocean Road Coast and
Parks Authority)".
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(2) In section 27K(2) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority
(as the case may be)".
(3) In section 27K(3) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
(4) In section 27K(4) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
126 Cancellation of tour operator licence
(1) In section 27L(1) of the National Parks
Act 1975, after "Parks Victoria" (where twice
occurring) insert "or the Great Ocean Road
Coast and Parks Authority".
(2) In section 27L(2) of the National Parks
Act 1975, after "Parks Victoria" (where twice
occurring) insert "or the Great Ocean Road
Coast and Parks Authority".
(3) In section 27L(4) of the National Parks
Act 1975--
(a) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority";
(b) after "Parks Victoria's" insert "or the Great
Ocean Road Coast and Parks Authority's".
(4) In section 27L(5) of the National Parks
Act 1975, after "Victoria's" insert "or the Great
Ocean Road Coast and Parks Authority's".
127 Glenample Homestead
(1) In section 32AA(1) of the National Parks
Act 1975--
(a) omit "administering the Planning and
Environment Act 1987";
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(b) after "Parks Victoria" insert "or the Great
Ocean Road Coast and Parks Authority".
(2) After section 32AA(1) of the National Parks
Act 1975 insert--
"(1A) On the appointment of the Great Ocean Road
Coast and Parks Authority as land manager
for land referred to in subsection (1) by
Order under section 16C(1) or under
section 62Q(2) of the Great Ocean Road
and Environs Protection Act 2020, the
Great Ocean Road Coast and Parks
Authority is taken to be authorised to
manage the land under subsection (1).".
(3) In section 32AA(2) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
(4) In section 32AA(3) of the National Parks
Act 1975, after "Victoria," insert "the Great
Ocean Road Coast and Parks Authority,".
128 Authorities to search for minerals in certain parks
(1) In section 32D(2) of the National Parks
Act 1975--
(a) after "Parks Victoria" insert ", or the Great
Ocean Road Coast and Parks Authority
(in the case of land in the park described in
Part 31 of Schedule Two for which the Great
Ocean Road Coast and Parks Authority is
appointed land manager by Order under
section 16C(1) or under section 62Q(2) of
the Great Ocean Road and Environs
Protection Act 2020,";
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(b) in paragraph (a)--
(i) omit "under his hand";
(ii) for "therein" substitute "in the permit".
(2) In section 32D(3) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
129 Rehabilitation works--Great Otway National Park
(1) In section 32S(1) of the National Parks
Act 1975, after "relevant land" insert "managed
by Parks Victoria".
(2) After section 32S(1) of the National Parks
Act 1975 insert--
"(1A) The Great Ocean Road Coast and Parks
Authority may authorise Alcoa of Australia
Limited ACN 004 879 298 to carry out
works, on the relevant land managed by
the Great Ocean Road Coast and Parks
Authority, that are associated with the
rehabilitation of the Anglesea coal mine
and associated works.".
(3) In section 32S(2) of the National Parks
Act 1975, after "(1)" insert "or (1A)".
130 Rents etc. to be paid into the Consolidated Fund
(1) After section 33(2A) of the National Parks
Act 1975 insert--
"(2B) Subsection (2) does not apply to money
received by the Great Ocean Road Coast
and Parks Authority.".
(2) In section 33(3)(g)(iia) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
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131 Annual report
After section 35(1A) of the National Parks
Act 1975 insert--
"(1B) A report under subsection (1) must deal with
parks for which the Great Ocean Road Coast
and Parks Authority has control and
management.".
132 Section 37 amended
(1) In the heading to section 37 of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks
Authority".
(2) In section 37(1) of the National Parks
Act 1975--
(a) after "Parks Victoria" (where first occurring)
insert "or the Great Ocean Road Coast and
Parks Authority";
(b) after "Parks Victoria" (where secondly
occurring) insert "or the Great Ocean
Road Coast and Parks Authority".
133 Section 37AA amended
(1) In the heading to section 37AA of the National
Parks Act 1975, after "Parks Victoria" insert
"or Great Ocean Road Coast and Parks
Authority".
(2) In section 37AA(1) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority".
134 Production of identification
In section 38AA(2) of the National Parks
Act 1975, for "Victoria." substitute "Victoria,
and that is in a form approved by the Great Ocean
Road Coast and Parks Authority, for authorised
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officers appointed by the Great Ocean Road Coast
and Parks Authority.".
135 Impounding of livestock
In section 41 of the National Parks Act 1975--
(a) after paragraph (a) insert--
"(ab) on land managed by the Great Ocean
Road Coast and Parks Authority under
section 32AA; or";
(b) for "Parks Victoria, authorised officer or
person authorised in writing by Parks
Victoria" substitute "Parks Victoria or
the Great Ocean Road Coast and Parks
Authority, an authorised officer or a person
authorised in writing by Parks Victoria or
the Great Ocean Road Coast and Parks
Authority".
136 Evidence
(1) In section 47(1)(b) of the National Parks
Act 1975, for "Act--" substitute "Act; or".
(2) After section 47(1)(b) of the National Parks
Act 1975 insert--
"(c) a certificate purporting to be signed by the
chief executive officer of the Great Ocean
Road Coast and Parks Authority certifying
the granting or cancellation of, or matters
contained in, a licence, permit or
determination granted under this Act--".
(3) In section 47(2) of the National Parks Act 1975,
after "Parks Victoria" (where first occurring)
insert "or the Great Ocean Road Coast and Parks
Authority".
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(4) In section 47(2)(a) and (b) of the National Parks
Act 1975, after "Parks Victoria" insert "or the
Great Ocean Road Coast and Parks Authority
(as the case may be)".
137 Regulations
In section 48(2)(ca) of the National Parks
Act 1975, for "or Parks Victoria" substitute
", Parks Victoria or the Great Ocean Road
Coast and Parks Authority".
138 Glenample Homestead
At the end of section 89 of the National Parks
Act 1975 insert--
"(2) Despite subsection (1), on and from the
appointment of the Great Ocean Road
Coast and Parks Authority as land manager
for land referred to in section 32AA(1) by
Order under section 16C(1) or under
section 62Q(2) of the Great Ocean Road
and Environs Protection Act 2020, any
authorisation under section 32AA(1) for the
management of land referred to in that
section by Parks Victoria, that is in force
immediately before that appointment, is
taken to be an authorisation for the
management of the land by the Great Ocean
Road Coast and Parks Authority.".
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Part 13--Amendment of Water Act 1989
Part 13--Amendment of Water Act 1989
139 Issue of new registration licences in certain
circumstances--statute law revision
In section 51AB(6)(b) of the Water Act 1989, for
"neccessary" substitute "necessary".
140 Preparation of regional waterway strategies
In section 190(3C) of the Water Act 1989, for
"Barwon Region Water Corporation, Gippsland
and Southern Rural Water Corporation or
Wannon Region Water Corporation" substitute
"Corangamite Catchment Management Authority
or Glenelg Hopkins Catchment Management
Authority".
141 Annual adjustment of determined amount--statute
law revision
In section 232C(2) of the Water Act 1989, for
"Statics" substitute "Statistics".
142 Maintenance of works--statute law revision
In section 238(1) of the Water Act 1989, for
"instal" substitute "install".
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Part 14--Amendment of Wildlife Act 1975
Part 14--Amendment of Wildlife Act 1975
143 Definitions
(1) In section 3(1) of the Wildlife Act 1975 insert the
following definition--
"Great Ocean Road Coast and Parks Authority
means the Great Ocean Road Coast and
Parks Authority established under Part 5 of
the Great Ocean Road and Environs
Protection Act 2020;".
(2) In section 3(1) of the Wildlife Act 1975, after
paragraph (a) of the definition of land manager
insert--
"(ab) for land controlled and managed by the
Great Ocean Road Coast and Parks
Authority under section 62Q of the Great
Ocean Road and Environs Protection
Act 2020, the Great Ocean Road Coast and
Parks Authority; or".
144 Section 14B amended
In the heading to section 14B of the Wildlife
Act 1975, for "or Parks Victoria" substitute
", Parks Victoria or the Great Ocean Road
Coast and Parks Authority".
145 Section 14C amended
In the heading to section 14C of the Wildlife
Act 1975, for "and Parks Victoria" substitute
", Parks Victoria and the Great Ocean Road
Coast and Parks Authority".
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146 Moneys received paid to Consolidated Fund
After section 17(1) of the Wildlife Act 1975
insert--
"(2) Despite subsection (1), all money received
by the Great Ocean Road Coast and Parks
Authority as land manager by way of tolls,
fees, rents or charges in respect of any State
Wildlife Reserve or Nature Reserve is to be
paid into the Great Ocean Road Coast and
Parks Account established under section 62A
of the Great Ocean Road and Environs
Protection Act 2020.".
147 Management agreements with Traditional Owner
Land Management Boards
(1) After section 18A(2) of the Wildlife Act 1975
insert--
"(2A) The Secretary must consult with the Great
Ocean Road Coast and Parks Authority
before entering into a management
agreement under subsection (1) in relation
to any land in the Great Ocean Road coast
and parks.".
(2) After section 18A(4) of the Wildlife Act 1975
insert--
"(4A) If an agreement under subsection (1)--
(a) provides for a Traditional Owner Land
Management Board to manage any land
in a State Wildlife Reserve or Nature
Reserve that would otherwise be
controlled and managed by the Great
Ocean Road Coast and Parks Authority
under this Act or any other enactment,
the Great Ocean Road Coast and Parks
Authority does not have power to
manage that land, to the extent of the
agreement; or
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(b) provides for a Traditional Owner Land
Management Board to carry out any
function, power or duty in relation to
any land in a State Wildlife Reserve or
Nature Reserve that would otherwise be
carried out by the Great Ocean Road
Coast and Parks Authority, the Great
Ocean Road Coast and Parks Authority
does not have power to carry out that
function, power or duty, to the extent of
the agreement.".
(3) In section 18A(5) of the Wildlife Act 1975, for
"Subsection (4) has" substitute "Subsections (4)
and (4A) have".
148 Review of decisions
In section 86C(1) of the Wildlife Act 1975, after
"Parks Victoria" (where twice occurring) insert
", the Great Ocean Road Coast and Parks
Authority".
149 Regulations
In section 87(7) of the Wildlife Act 1975, after
"Parks Victoria," insert "the Great Ocean Road
Coast and Parks Authority,".
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Part 15--Consequential amendment of Parks Victoria Act 2018
Part 15--Consequential amendment of Parks
Victoria Act 2018
150 Definitions
In section 3 of the Parks Victoria Act 2018, in
paragraph (b) of the definition of Parks Victoria
managed land, after "Act)" insert "other than
land controlled and managed by the Great
Ocean Road Coast and Parks Authority under
section 62Q(2) of the Great Ocean Road and
Environs Protection Act 2020 or section 16C(1)
of the National Parks Act 1975".
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Part 16--Repeal of this Act
Part 16--Repeal of this Act
151 Repeal of this Act
This Act is repealed on 1 September 2023.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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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 amend the
Great Ocean Road and Environs Protection Act 2020 in relation to
land management of the Great Ocean Road coast and parks, to further
provide for functions and powers of the Great Ocean Road Coast and
Parks Authority, to provide for the transfer of public land management to
that Authority, to consequentially amend other Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
110
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