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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 i 532022B.I1-25/2/98
Clause Page 24. Statute law revision 12 NOTES 13 ii 532022B.I1-25/2/98
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. 1 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 2 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; 2 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 4 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. _______________ 3 532022B.I1-25/2/98
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 4 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 7 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. 5 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 10 Act No. (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 6 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 12 Act No. 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-- 7 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 15 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. 8 532022B.I1-25/2/98
Geographic Place Names Act 1998 s. 17 Act No. (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. _______________ 9 532022B.I1-25/2/98
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. _______________ 10 532022B.I1-25/2/98
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.". 11 532022B.I1-25/2/98
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 12 532022B.I1-25/2/98
Geographic Place Names Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 13 532022B.I1-25/2/98
Geographic Place Names Act 1998 Act No. 14 532022B.I1-25/2/98
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