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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Geographic Place Names Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Restriction on operation of Act 3
PART 2--GUIDELINES FOR GEOGRAPHIC NAMES 4
5. Geographic Names Policy Guidelines 4
6. Guidelines to be reviewed 4
PART 3--REGISTRATION OF GEOGRAPHIC NAMES 5
7. Registrar of Geographic Names 5
8. Functions and powers of Registrar 5
9. Register of Geographic Names 5
10. Applications to the Registrar 6
11. Registration of names 6
12. Geographic Place Names Advisory Committees 7
13. Advice to Registrar 7
14. Panel of eligible appointees 7
15. Fees and allowances 8
16. Procedure of Committee 8
17. Disclosure of interest 9
PART 4--GENERAL 10
18. Evidence 10
19. Regulations 10
PART 5--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS 11
20. Repeal 11
21. Applications before the old Committee 11
22. Redundant reference to Subordinate Legislation Act 11
23. Amendment to Schedule 10 of the Local Government Act 1989 11
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Clause Page
24. Statute law revision 12
NOTES 13
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PARLIAMENT OF VICTORIA
A BILL
to make provision for the naming of places and the registration
of place names, to amend the Survey Co-ordination Act 1958
and the Local Government Act 1989 and for other purposes.
Geographic Place Names Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for
the naming of places and the registration of place
5 names, to amend the Survey Co-ordination Act
1958 and the Local Government Act 1989.
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Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1998, it comes into operation on that day.
10 3. Definitions
In this Act--
"Committee" means a Geographic Place Names
Advisory Committee appointed under
section 12;
15 "geographic name", in relation to a place, means
the name registered in the Register as the
name for that place;
"guidelines" means the guidelines having effect
under Part 2;
20 "place" means any place or building that is, or is
likely to be, of public or historical interest
and includes, but is not restricted to--
(a) township, area, park, garden, reserve of
land, suburb and locality;
25 (b) topographical feature, including
undersea feature;
(c) street, road, transport station,
government school, government
hospital and government nursing home;
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Geographic Place Names Act 1998
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Act No.
"Register" means the Register of Geographic
Names established under section 9;
"Registrar" means the Registrar of Geographic
Names appointed under section 7.
5 4. Restriction on operation of Act
This Act--
(a) does not apply to the naming of--
(i) an electoral province or district or a
subdivision of an electoral province or
10 district; or
(ii) a municipal district or a ward of a
municipal district; and
(b) does not affect the powers and authorities
conferred by or under any other Act on the
15 Governor in Council or on any person to
assign or amend the name of a place.
_______________
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Geographic Place Names Act 1998
s. 5
Act No.
PART 2--GUIDELINES FOR GEOGRAPHIC NAMES
5. Geographic Names Policy Guidelines
(1) The Governor in Council, on the recommendation
of the Minister, by Order published in the
5 Government Gazette, may make guidelines
relating to procedures to be implemented in
selecting, assigning or amending names of places.
(2) Without limiting the generality of sub-section (1),
the guidelines--
10 (a) must set out the rules and process to be
followed in selecting, assigning or amending
a name of a place;
(b) must set out the process to be followed
before selecting or assigning an Aboriginal
15 or Torres Strait Islander name of a place;
(c) must specify criteria for the assessment of
cultural heritage or other significance in
relation to the naming of places;
(d) must set out requirements for consultation
20 before a name of a place is selected, assigned
or amended; and
(e) may specify any other matter or thing
appropriate in relation to the naming of
places.
25 6. Guidelines to be reviewed
The Registrar must ensure that the guidelines are
reviewed at least once every 5 years and that a
report on any review is given to the Minister.
_______________
30
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Geographic Place Names Act 1998
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Act No.
PART 3--REGISTRATION OF GEOGRAPHIC NAMES
7. Registrar of Geographic Names
(1) The Minister may appoint a person to be the
Registrar of Geographic Names.
5 (2) The Registrar holds office for a period not
exceeding 3 years specified in his or her
instrument of appointment.
(3) The Registrar may be re-appointed.
8. Functions and powers of Registrar
10 (1) The functions of the Registrar are--
(a) to carry out the functions under this Act of
registering names of places;
(b) to keep and maintain the Register;
(c) to advise the Minister on the establishment
15 and development of the guidelines;
(d) to disseminate information on the guidelines;
(e) to monitor and review compliance with the
guidelines; and
(f) such other functions as are conferred on the
20 Registrar by or under this Act.
(2) The Registrar has such powers as are necessary
for the carrying out of the functions of the
Registrar under this Act.
9. Register of Geographic Names
25 (1) There is established a Register of Geographic
Names.
(2) The Register is to be kept in such form as the
Registrar determines.
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(3) The register of place names and the register of the
names of streets and roads under Part II of the
Survey Co-ordination Act 1958 form part of the
Register under this Act.
5 10. Applications to the Registrar
Subject to and in accordance with the guidelines,
a person or body may apply to the Registrar for
the registration of a name of a place or the
amendment of a geographic name.
10 11. Registration of names
(1) The Registrar must enter in the Register each
name for which an application for registration is
made in accordance with this Act and the
guidelines, other than an application that is
15 referred to a Committee for advice.
(2) The Registrar must amend a geographic name in
accordance with an application for amendment
made in accordance with this Act and the
guidelines, other than an application that is
20 referred to a Committee for advice.
(3) The Registrar, upon receiving advice in
accordance with this Act and the guidelines from
a Committee to which a matter is referred under
this Act, must make such entries or alterations in
25 the Register as are necessary to give effect to that
advice.
(4) The Registrar may make such entries in the
Register as the Registrar determines are
appropriate to record the names of places for
30 which names are assigned by or under any other
Act.
(5) The Registrar must comply with any directions
given by the Minister from time to time
concerning the registration of names in the
35 Register and must not make an entry inconsistent
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with any such direction as in force from time to
time.
(6) The Registrar must cause to be published in the
Government Gazette, and in such newspapers
5 circulating generally in the State as the Registrar
thinks appropriate, a notice of each entry of a
place name, and of each amendment of an entry,
in the Register.
12. Geographic Place Names Advisory Committees
10 (1) The Minister may, in writing, direct the Registrar
to refer a matter relating to the naming of a place,
or class of places, to a Committee for its advice.
(2) The Registrar may refer--
(a) an application under section 10; or
15 (b) any matter relating to the name of a place, or
class of places--
to a Committee for its advice.
(3) The Registrar must appoint a chairperson and at
least 2 other persons from the panel maintained
20 under section 14 as the Committee for the
purposes of a reference under this section.
13. Advice to Registrar
A Committee must give its advice to the Registrar
as to the matter that is referred to it under this Act.
25 14. Panel of eligible appointees
(1) The Minister may maintain a panel of persons for
appointment as members of Committees.
(2) The panel should comprise, so far as is possible,
persons with knowledge, background or
30 experience in at least one of the following areas
and at least one person with knowledge
background or experience in each area--
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Act No.
(a) mapping or geography;
(b) planning;
(c) local government administration;
(d) aboriginal culture and language;
5 (e) heritage or historical matters;
(f) orthography or linguistics.
(3) A panel member may resign from the position of
panel member by writing signed by the member
and given to the Minister.
10 (4) The Minister may at any time remove a member
from the panel.
(5) The Registrar is not eligible to be a member of the
panel.
15. Fees and allowances
15 A member of a Committee, other than a member
who is an officer or employee of the public
service, is entitled to receive the fees, travelling
and other allowances from time to time fixed by
the Minister.
20 16. Procedure of Committee
(1) Meetings of a Committee are to be held at such
times and places as the Registrar determines.
(2) A majority of the members for the time being
constitutes a quorum of a Committee.
25 (3) A question arising at a meeting must be
determined by 3 members or a majority of votes
of members present and voting on that question
(whichever is the greater) and, if the voting is
equal, the person presiding has a casting vote as
30 well as a deliberative vote.
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(4) The person presiding must ensure that minutes are
kept of each of its meetings.
(5) Subject to this Part, a Committee may regulate its
own procedure.
5 17. Disclosure of interest
(1) A member of a Committee who has a direct or
pecuniary interest in a matter being dealt with by
the Committee must disclose the nature of that
interest at a meeting of the Committee as soon as
10 possible after becoming aware of the interest.
(2) A member of a Committee who holds an office or
possesses property as a result of which, directly or
indirectly, duties or interests may be created in
conflict with the member's duties as a member,
15 must disclose that fact at a meeting of the
Committee as soon as possible after having
become aware of the potential conflict.
(3) The person presiding at a meeting at which a
disclosure under this section is made must cause
20 that disclosure to be recorded in the minutes of the
meeting.
(4) A person who has made a disclosure under this
section must not take any further part in the
discussion or vote on the matter to which the
25 disclosure relates.
_______________
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Geographic Place Names Act 1998
s. 18
Act No.
PART 4--GENERAL
18. Evidence
If the name of a place is registered in the Register,
the name is evidence of the name of the place for
5 the purposes of any Act, proclamation, Order in
Council, local law, rule, regulation, official map,
record, legal instrument or document.
19. Regulations
The Governor in Council may make regulations
10 for or with respect to any matter or thing required
or permitted to be prescribed or necessary to be
prescribed for the purposes of this Act.
_______________
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Geographic Place Names Act 1998
s. 20
Act No.
PART 5--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS
20. Repeal
Part II of the Survey Co-ordination Act 1958 is
5 repealed.
21. Applications before the old Committee
(1) If, immediately before the commencement of Part
3 of this Act, the Place Names Committee
established under section 24 of the Survey Co-
10 ordination Act 1958 has commenced but not yet
completed an enquiry, examination or
investigation into the naming of a place, that
Committee may complete that enquiry,
examination or investigation as if this Act had not
15 been enacted and may make a recommendation to
the Registrar.
(2) A recommendation made to the Registrar under
sub-section (1) is deemed to be the
recommendation of a Committee under this Act.
20 22. Redundant reference to Subordinate Legislation Act
Section 22(3) of the Survey Co-ordination Act
1958 is repealed.
23. Amendment to Schedule 10 of the Local Government
Act 1989
25 In Schedule 10 to the Local Government Act
1989, for clause 5(2) substitute--
"(2) The Council, in exercising a power under paragraph
(a) of sub-clause (1) must act in accordance with the
guidelines in force for the time being under the
30 Geographic Place Names Act 1998 and must advise
the Registrar under that Act of the action it has taken
under that paragraph.".
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Geographic Place Names Act 1998
s. 24
Act No.
24. Statute law revision
In section 3 of the Survey Co-ordination Act
1958--
(a) in the definition of "Australian Geodetic
5 Datum", for "Spherioidal" substitute
"Spheroidal"; and
(b) in the definition of "Australian Map Grid",
for "Australia Geodetic" substitute
"Australian Geodetic".
10
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Geographic Place Names Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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