conservation, forests and lands (miscellaneous amendments ... · 1 conservation, forests and lands...

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Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998

Act No. 76/1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1 2. Commencement 2

PART 2—SECRETARY TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT 3

Division 1—References to the Secretary as body corporate 3

3. Conservation, Forests and Lands Act 1987 3 4. New section 119 inserted in Conservation, Forests and Lands

Act 1987 7 119. References to the Secretary 7

5. Alpine Resorts (Management) Act 1997 7 6. Crown Land (Reserves) Act 1978 8 7. Drugs, Poisons and Controlled Substances Act 1981 9 8. Fisheries Act 1995 9 9. Flora and Fauna Guarantee Act 1988 9 10. Forests Act 1958 11 11. Land Act 1958 15 12. Land Conservation (Vehicle Control) Act 1972 17 13. Melbourne and Metropolitan Board of Works Act 1958 18 14. National Parks Act 1975 19 15. Transfer of Land (Single Register) Act 1998 19 16. Valuation of Land Act 1960 19 17. Victorian Plantations Corporation Act 1993 19

Division 2—References to Secretary as Department Head 20

18. Archaeological and Aboriginal Relics Preservation Act 1972 20 19. Broiler Chicken Industry Act 1978 20 20. Electoral Boundaries Commission Act 1982 21 21. Environment Conservation Council Act 1997 21 22. Extractive Industries Development Act 1995 21 23. Health Act 1958 23

Section Page

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24. Melbourne Market Authority Act 1977 24 25. Murray Valley Citrus Marketing Act 1989 24 26. Pipelines Act 1967 24 27. Prevention of Cruelty to Animals Act 1986 25 28. State Electricity Commission Act 1958 25 29. Water Act 1989 25

Division 3—References to Secretary as body corporate and Department Head 26

30. Country Fire Authority Act 1958 26 31. Mineral Resources Development Act 1990 27 32. Royal Botanic Gardens Act 1991 29

PART 3—AMENDMENT OF COASTAL MANAGEMENT ACT 1995 31

33. Purposes 31 34. Definitions 31 35. Heading to Division 1 of Part 2 31 36. Change of name of Council 31 37. Membership of Council 31 38. Membership of Boards 32 39. New section 11A inserted 32

11A. Membership of Board not an office of profit 32 40. New Part 4 substituted 33

PART 4—TRANSITIONAL 33

41. Saving of Council 33 42. Saving of Boards 33

41. Amendment of Schedule 33

PART 4—AMENDMENT OF CROWN LAND (RESERVES) ACT 1978 35

42. Reference to Coastal Council 35

PART 5—AMENDMENT OF PARKS VICTORIA ACT 1998 36

43. Powers of Parks Victoria 36 44. Statute law revision 36

═══════════════

NOTES 37

1

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998†

[Assented to 10 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purposes of this Act are—

(a) to amend the Conservation, Forests and Lands Act 1987 and various other Acts to amend references to the Secretary to the Department of Natural Resources and Environment;

Victoria

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(b) to amend the Coastal Management Act 1995 to improve the operation of that Act; and

(c) to make a consequential amendment to the Crown Land (Reserves) Act 1978; and

(d) to amend the Parks Victoria Act 1998 to improve the operation of that Act.

2. Commencement

(1) Parts 1 and 5 come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 19 and 26(2) are deemed to have come into operation on 1 July 1998.

(3) Subject to sub-section (4), the provisions of Parts 3 and 4 come into operation on a day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does not come into operation before 1 July 1999, it comes into operation on that day.

(5) The remaining provisions of this Act come into operation on 15 December 1998.

_______________

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PART 2—SECRETARY TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Division 1—References to the Secretary as body corporate

3. Conservation, Forests and Lands Act 1987

(1) In the Conservation, Forests and Lands Act 1987—

(a) in section 3(1)—

(i) the definitions of "chief administrator" and "Director-General" are repealed;

(ii) in paragraph (c) of the definition of "Crown land", for "Director-General" substitute "Secretary";

(iii) insert—

' "Department Head" means the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department;';

(iv) in paragraph (d) of the definition of "land owner", for "Director-General" substitute "Secretary";

(v) insert—

' "Secretary" means the body corporate established by Part 2;';

(b) in the heading to Division 1 of Part 2 for "Director-General" substitute "Secretary";

(c) in section 6 in sub-sections (2), (3) and (4), for "Director-General" (wherever occurring) substitute "Secretary";

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(d) in section 7(1), (2) and (3), for "Director-General" (wherever occurring) substitute "Secretary";

(e) in section 7(4)—

(i) for "Director-General of Conservation, Forests and Lands" substitute "Secretary to the Department of Natural Resources and Environment";

(ii) for "Chief Administrator" substitute "Department Head";

(f) in section 8, for "chief administrator" substitute "Department Head";

(g) section 9 is repealed;

(h) in section 10, for "Director-General" (wherever occurring) substitute "Secretary";

(i) in section 11(2), (3B) and (4)—

(i) for "Director-General" substitute "Secretary";

(ii) for "Director-General's" substitute "Secretary's";

(j) in sections 12(2), 13, 14, 15(1) and (4), 16, 17, 18, 19(2), 20, 21, 22(3)(b), 23(2) and (6), 24(1), 25, 27, 28(1) and (2), 29, 30(1), 31(3) and (4) and 32(3) for "Director-General" (wherever occurring) substitute "Secretary";

(k) in section 34—

(i) for "Director-General" (wherever occurring) substitute "Secretary";

(ii) in sub-section (3), for "Director-General's" substitute "Secretary's";

(l) in sections 35, 36(1) and (2), 37, 38(1) and (2), 39, 40, 41, 42(1), 43, 44, 45(1), 48(4), 49

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and 50, for "Director-General" (wherever occurring) substitute "Secretary";

(m) in section 51—


(ii) for "Director-General's" substitute "Secretary's";

(n) in section 56, in the definitions of "conservation work" and "conservation worker", for "Director-General" (wherever occurring) substitute "Secretary";

(o) in section 57, for "Director-General" (wherever occurring) substitute "Secretary";

(p) in section 58(3)—

(i) for "Director-General" (where first occurring) substitute "Secretary";

(ii) for "Director-General thinks" substitute "Secretary considers";

(q) in sections 58(4), 63 and 65, for "Director-General" (wherever occurring) substitute "Secretary";

(r) in section 66—


(ii) in sub-section (2), for "a Regional Commission or other body" substitute "any public authority";

(s) in section 67(1), for "Director-General's" substitute "Secretary's";

(t) in sections 68(1) and (2), 69, 70(1), 71(1) and (4), 72(1), (1A), (3) and (3A), 74, 76(1) and (2), 78 and 79(1), (2), (5), (6), (7), (9)

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and (10), for "Director-General" (wherever occurring) substitute "Secretary";

(u) in section 80—



(v) in section 83, for "Director-General" (wherever occurring) substitute "Secretary";

(w) in section 84—


(ii) in sub-section (1)(a) omit "officer or" and "officers or";

(x) in sections 87, 88, 89, 91(4) and (5), 92(1) and (3) and 93(1) and (4), for "Director-General" (wherever occurring) substitute "Secretary";

(y) in section 94—

(i) for ", Parts 7 and 8 of and Schedules 5 and 6 to the Road Safety (Procedures) Regulations 1988, and the Road Safety (Traffic) Regulations 1988" substitute "and any regulations made for the purposes of those sections";

(ii) for "Director-General" (wherever occurring) substitute "Secretary";

(iii) in paragraph (b), for "; or" substitute "; and";

(z) in sections 96(1) and (2) and 97(1) and (3), for "Director-General" (wherever occurring) substitute "Secretary";

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(aa) in section 98—



(ab) sections 106, 109, 110 and 115 are repealed;

(ac) in clause 6 of Schedule 2, for "Director-General" substitute "Secretary".

(2) In section 2 of the Conservation, Forests and Lands Act 1987 for sub-sections (6) and (7) substitute—

"(6) The body corporate established by this section is deemed to be and always to have been the same body despite the change made to its name by the Public Sector Reform (Miscellaneous Amendments) Act 1998.".

4. New section 119 inserted in Conservation, Forests and Lands Act 1987

At the end of Part 10 of the Conservation, Forests and Lands Act 1987 insert—

"119. References to the Secretary

The repeal of section 6(6) and (7) by section 3 of the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998 does not affect the operation of those provisions in relation to any document (other than an Act) existing immediately before the commencement of that section.".

5. Alpine Resorts (Management) Act 1997

In section 3 of the Alpine Resorts (Management) Act 1997, in the definition of

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"Secretary" for "Director-General" substitute "Secretary".

6. Crown Land (Reserves) Act 1978

In the Crown Land (Reserves ) Act 1978—

(a) in section 3—

(i) the definition of "Chief Administrator" is repealed;

(ii) insert—

' "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;';

(b) in section 12(3), for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary";

(c) in section 15(8)—

(i) for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary";

(ii) in paragraph (b), for "him" substitute "the Secretary";

(d) in section 17A(1), for "certifies" substitute "certified";

(e) in section 17B(1) and (4)—



(f) in section 17C(1), for "certifies" substitute "certified";

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(g) in section 17E(1)—



(h) in sections 18(1) and (2) and 20, for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary".

7. Drugs, Poisons and Controlled Substances Act 1981

In section 52(2)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "Director-General of Conservation, Forests and Lands or its servants or agents" substitute "Secretary within the meaning of the Conservation, Forests and Lands Act 1987 or any person acting on behalf of the Secretary".

8. Fisheries Act 1995

In section 4 of the Fisheries Act 1995, for the definition of "Secretary" substitute—

' "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;'.

9. Flora and Fauna Guarantee Act 1988

In the Flora and Fauna Guarantee Act 1988—

(a) in section 3—

(i) the definition of "Director-General" is repealed;

(ii) insert—

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(b) in section 7—


(ii) in sub-section (2), for "him or her" substitute "the Secretary";

(c) in sections 9(2), 17(1) and (4), 18 and 19, for "Director-General" (wherever occurring) substitute "Secretary";

(d) in sections 20 and 21—


(ii) for "Director-General's" (wherever occurring) substitute "Secretary's";

(e) in sections 22, 23, 24, 25(1) and (2), 27(d), 28, 29 and 30, for "Director-General" (wherever occurring) substitute "Secretary";

(f) in section 31—

(i) in sub-sections (1) and (2), for "Director-General's" (wherever occurring) substitute "Secretary's";

(ii) in sub-section (3), for "Director-General" substitute "Secretary";

(g) in sections 33, 35, 36(1), 37, 38(2) and (3), 40 and 41, for "Director-General" (wherever occurring) substitute "Secretary";

(h) in section 43—

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(i) in sections 44, 48, 49, 50, 53(1) and 54, for "Director-General" (wherever occurring) substitute "Secretary";

(j) in section 55—

(i) for "Director-General" (except where secondly occurring) substitute "Secretary";

(ii) in sub-section (1), for "Director-General thinks" substitute "Secretary considers";

(k) in sections 62(1), 65(1) and (3) and 66(1), for "Director-General" (wherever occurring) substitute "Secretary";

(l) in section 67—



(m) in section 69(2), for "Director-General" substitute "Secretary";

(n) sections 70(1) and 71 and Schedule 4 are repealed.

10. Forests Act 1958

(1) In the Forests Act 1958—


(i) the definitions of "Chief Administrator" and "Director-General" are repealed;

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(ii) insert—


(iii) in the definition of "forest management area", for "certified by the Director-General" substitute "certified under seal by the Secretary";

(iv) in the definitions of "hardwood sawlog" and "lease" "licence" "permit" or "authority", for "Director-General" (wherever occurring) substitute "Secretary";

(b) in sections 3(4), 5(1) and 6, for "Director-General" substitute "Secretary";

(c) in section 7—

(i) in sub-section (2), for "Director-General thinks proper" substitute "Secretary considers appropriate";

(ii) in sub-section (3), for "Director-General" (where twice occurring) substitute "Secretary";

(d) in sections 18, 18A, 19(1) and 20, for "Director-General" (wherever occurring) substitute "Secretary";

(e) in section 21—

(i) in sub-sections (1), (1A) and (3), for "Director-General" (wherever occurring) substitute "Secretary";

(ii) in sub-section (1)(eb), for "Director-General thinks fit" substitute "Secretary considers appropriate";

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(f) in section 22—

(i) in sub-section (1), for "Director-General" substitute "Secretary";

(ii) in sub-section (2), for "Director-General thinks fit" substitute "Secretary considers appropriate";

(g) in sections 26A and 26B, for "Director-General" (wherever occurring) substitute "Secretary";

(h) in sections 38, 42(8) and 49(2), for "Director-General" (wherever occurring) substitute "Secretary";

(i) in section 50—



(iii) in sub-section (4), for "officers or employés of" substitute "employees in";

(j) in sections 50A and 51, for "Director-General" (wherever occurring) substitute "Secretary";

(k) in section 52—


(ii) in sub-section (1), for "Director-General thinks proper" substitute "Secretary considers appropriate";

(l) in sections 52A(1), 52B and 52C, for "Director-General" (wherever occurring) substitute "Secretary";

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(m) in section 52F(2), for "certified by the Director-General" substitute "certified under seal by the Secretary";

(n) in section 53—

(i) in sub-section (1), for "Director-General" substitute "Secretary";

(ii) in sub-section (2) for "Director-General thinks fit" substitute "Secretary considers appropriate";

(o) in sections 54, 56, 58(3) and (4), 59(1) and 62(2), for "Director-General" (wherever occurring) substitute "Secretary";

(p) in section 63(5)—


(ii) for "or an officer of or person" substitute "a person";

(q) in sections 64(1), 65, 68(b) and 69, for "Director-General" (wherever occurring) substitute "Secretary";

(r) in section 70(2)(b)—

(i) for "officer of" substitute "employee in";

(ii) for "Director-General" substitute "Secretary";

(s) in sections 71 and 72, for "Director-General" (wherever occurring) substitute "Secretary";

(t) in section 76(2)—


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(ii) for "Director-General thinks fit" substitute "Secretary considers appropriate";

(u) in sections 77, 80(2), 84, 85, 89, 91, 92(2) and (4), 94(1) and (4), 95, 96(d) and (q) and 99(15), (19), (19C), (28), for "Director-General" (wherever occurring) substitute "Secretary";

(v) in section 99A—


(ii) for "officer or employee of the Department" (wherever occurring) substitute "employee in the Department";

(iii) in paragraph (b)(i) and (iii), for "or he sees fit" substitute ", employee or authorised officer considers appropriate";

(w) in section 100(2), in the definitions of "disease", "fungus" and "insect", for "Director-General" substitute "Secretary".

(2) In section 27A of the Forests Act 1958, for sub-section (1) substitute—

"(1) The Secretary or any committee of management or other authority created by this Act may employ persons or classes of persons who are not employed under Part 3 of the Public Sector Management and Employment Act 1998.".

11. Land Act 1958

In the Land Act 1958—

(a) in section 2A—

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(ii) insert—


(b) in sections 124(g), 126(1), 130AC(d), 130B(1) and 130D(3) and (4), for "Director-General" (wherever occurring) substitute "Secretary";

(c) in section 133A(1)—

(i) for "Director-General of Conservation, Forests and Lands" substitute "Secretary";

(ii) for "him" substitute "the Secretary";

(d) in section 133(4), for "Director-General" substitute "Secretary";

(e) in sections 133B and 133D(1) and (2), for "Director-General" substitute "Secretary";

(f) in section 140A(3)(a), for "Director-General of Public Works" substitute "Department Head of the Department of Natural Resources and Environment";

(g) in section 140B(2), for "Director-General" substitute "Secretary";

(h) in sections 140DA(1), 140E(1) and 140F(1) and (6), 151F(3), 168(1) and (2), 173(1), 174(1) and (6), 176(3) and (4) and 188A(1) and (7), for "Director-General" (wherever occurring) substitute "Secretary";

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(i) in section 201, for "signed by the Director-General" substitute "under the seal of the Secretary";

(j) in section 201A, for "or the Director-General" substitute ", the Department Head of the Department of Natural Resources and Environment or the Secretary";

(k) in section 349(1), for "Director-General" substitute "Secretary";


(i) for "the Minister of Public Works" substitute "Minister administering Part 7 of the Financial Management Act 1994";

(ii) for "Director-General by writing has certified" substitute "Secretary has certified by writing under seal";

(m) in section 400, 404(1) and (4), 406(2) and 411, for "Director-General" substitute "Secretary";

(n) in Schedule Seven A, for "Director-General of Conservation, Forests and Lands" substitute "Secretary to the Department of Natural Resources and Environment".

12. Land Conservation (Vehicle Control) Act 1972

(1) In section 5 of the Land Conservation (Vehicle Control) Act 1972—

(a) in sub-sections (1) and (2), for "Director-General of Conservation, Forests and Lands" substitute "Secretary";

(b) in sub-section (3), for "Department of Property and Services" substitute "Department of Natural Resources and Environment";

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(2) In section 5 of the Land Conservation (Vehicle Control) Act 1972, for sub-section (6) substitute—

'(6) In this section—

"proper authority"—

(a) in relation to public land vested in or under the management or control of a person or body means that person or body; and

(b) in relation to any other public land means the Minister;

"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987.'.

13. Melbourne and Metropolitan Board of Works Act 1958

In the Melbourne and Metropolitan Board of Works Act 1958—

(a) in section 3—


(ii) insert—


(b) in section 259, in the definition of "public corporation", for "Director-General" substitute "Secretary";

(c) in section 264(6), for "Director-General" (where twice occurring) substitute "Secretary";

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(d) in section 282(2), for "Director-General" (where twice occurring) substitute "Secretary".

14. National Parks Act 1975

In sections 3(2), 21A, 25B(1), (2), (4), (5) and (6) and 30A(1)(c) of the National Parks Act 1975, for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary".

15. Transfer of Land (Single Register) Act 1998

In the Schedule to the Transfer of Land (Single Register) Act 1998, in items 12.2, 12.4, 12.8, 12.10, 25.1 and 25.2, for "Director-General" (wherever occurring) substitute "Secretary".

16. Valuation of Land Act 1960

In section 2(7) of the Valuation of Land Act 1960, for "Director-General of Conservation, Forests and Lands" substitute "Secretary within the meaning of the Conservation, Forests and Lands Act 1987".

17. Victorian Plantations Corporation Act 1993

(1) In section 3 of the Victorian Plantations Corporation Act 1993—

(a) the definition of "Director-General" is repealed;

(b) insert—

' "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;'.

(2) In section 6 of the Victorian Plantations Corporation Act 1993, for "Director-General or

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Secretary to the Department of Conservation and Natural Resources" substitute "Secretary".

(3) In sections 10(1), 11 and 15(1) and (5) of the Victorian Plantations Corporation Act 1993, for "Director-General" (wherever occurring) substitute "Secretary".

(4) In section 15(4) of the Victorian Plantations Corporation Act 1993 for "Director-General" substitute "Secretary".

(5) In sections 17(3), 17A(2), 21(1), 23(1), 25(2) and (3), 28 and 29(1) and (2) of the Victorian Plantations Corporation Act 1993, for "Director-General" (wherever occurring) substitute "Secretary".

Division 2—References to Secretary as Department Head

18. Archaeological and Aboriginal Relics Preservation Act 1972

In section 5(1)(b) of the Archaeological and Aboriginal Relics Preservation Act 1972—

(a) for sub-paragraph (iv) substitute—

"(iv) one being the Department Head of the Department of Natural Resources and Environment or his or her nominee;";

(b) sub-paragraphs (vi) and (vii) are repealed.

19. Broiler Chicken Industry Act 1978

In the Broiler Chicken Industry Act 1978—

(a) in section 2—

(i) the definition of "Secretary" is repealed;

(ii) insert—

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' "Department Head" means the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department of Natural Resources and Environment.'.

(b) in section 5, for "Secretary" (where twice occurring) substitute "Department Head".

20. Electoral Boundaries Commission Act 1982

In section 13(1) of the Electoral Boundaries Commission Act 1982, for "Director-General of Conservation, Forests and Lands" substitute "Department Head of the Department of Natural Resources and Environment".

21. Environment Conservation Council Act 1997

In the Environment Conservation Council Act 1997—

(a) in section 3, the definition of "Secretary" is repealed;

(b) in section 19(1), for "Secretary" substitute "Department Head of the Department of Natural Resources and Environment";

(c) in section 19(3)—

(i) for "Secretary" (where first occurring) substitute "Department Head of the Department of Natural Resources and Environment";

(ii) for "Secretary" (where secondly occurring) substitute "Department Head".

22. Extractive Industries Development Act 1995

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In the Extractive Industries Development Act 1995—


(i) the definitions of "Director-General" and "Secretary" are repealed;

(ii) insert—


(b) in section 3(2), for ' "Director-General" ' substitute ' "Department Head" ';

(c) in section 17—

(i) in sub-sections (1) and (6), for "Secretary" substitute "Department Head";

(ii) sub-sections (2), (4) and (5) are repealed;

(iii) in sub-section (6) omit "or, if sub-section (2) applies, within 1 month after comments are given under sub-section (4)(a)";

(d) in section 18, for "Secretary" (wherever occurring) substitute "Department Head";

(e) in section 18(6)—

(i) omit "and" at the end of paragraph (a);

(ii) paragraph (b) is repealed;

(f) in section 22(3)—

(i) omit "and" at the end of paragraph (a);

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(ii) paragraph (b) is repealed;

(g) in sections 26(1) and (2) and 31, for "Secretary" (wherever occurring) substitute "Department Head";

(h) in section 32, for paragraph (b) substitute—

"(b) be prepared by the applicant for the work authority after consultation with the owner of the land, if the land is private land.";

(i) in section 33—

(i) in sub-section (2), for paragraphs (a) and (b) substitute "to the satisfaction of the Minister";

(ii) in sub-section (4), paragraph (a) is repealed;

(j) in section 35(1), for paragraphs (a) and (b) substitute "the Minister";

(k) in sections 38, 39(1), (2), (4) and (5), 40(1) and (2) and 41(5), for "Secretary" (wherever occurring) substitute "Department Head";


(i) for "Secretary" (wherever occurring) substitute "Department Head";

(ii) for "officer of" (where twice occurring) substitute "employee in".

23. Health Act 1958

In section the Health Act 1958—

(a) in section 81(2)(b), for "Director-General of Water Resources" substitute "Department Head of the Department of Natural Resources and Environment";

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(b) in section 418, for "Director-General of Conservation, Forests and Lands" substitute "Department Head of the Department of Natural Resources and Environment".

24. Melbourne Market Authority Act 1977

In section 40(2) of the Melbourne Market Authority Act 1977, for paragraph (c) substitute—

"(c) the Department Head of the Department of Natural Resources and Environment or a person nominated by him or her;".

25. Murray Valley Citrus Marketing Act 1989

In section 3(1) of the Murray Valley Citrus Marketing Act 1989, in the definition of "State director", for "Chief Administrator" substitute "Department Head".

26. Pipelines Act 1967

(1) In the Pipelines Act 1967—

(a) in section 23(1) and (2), for "Director-General of Conservation, Forests and Lands" substitute "Department Head of the Department of Natural Resources and Environment";

(b) in section 41(2), for "Director-General of Industry, Technology and Resources" substitute "Department Head of the Department of Natural Resources and Environment";

(c) in section 47(2)(c), for "Director-General of Industry, Technology and Resources" substitute "Department Head of the Department of Natural Resources and Environment".

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(2) In section 42(1)(b) of the Pipelines Act 1967, for "Secretary to the Department of Infrastructure" substitute "Department Head of the Department of Natural Resources and Environment".

27. Prevention of Cruelty to Animals Act 1986

In the Prevention of Cruelty to Animals Act 1986—


(i) the definition of "Secretary" is repealed;

(ii) insert—


(b) in sections 16(1), (2) and (3), 26(1), (2)(j), (3) and (4), 28(2), 29(1), (2)(c), (3) and (4), 33(1), 38(2) and 42(1)(f), for "Secretary" (wherever occurring) substitute "Department Head".

28. State Electricity Commission Act 1958

In section 105(1) and (2) of the State Electricity Commission Act 1958, for "Secretary for Lands" substitute "Department Head of the Department of Natural Resources and Environment".

29. Water Act 1989

In the Water Act 1989—



(ii) insert—

s. 27 s. 29

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(b) in section 3(1A), for ' "Director-General" ' substitute ' "Department Head" ';

(c) in section 24(2), for "Director-General of Conservation, Forests and Lands" substitute "Department Head";

(d) in section 48, for "Director-General" (wherever occurring) substitute "Department Head";

(e) in sections 69(3)(b) and 130(4) and (6), for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Department Head";

(f) in section 310(2), for "Director-General" (where twice occurring) substitute "Department Head";

(g) in section 319, for "Director-General" (wherever occurring) substitute "Department Head";

(h) in clause 6 of Schedule 7, for "Director-General of Conservation, Forests and Lands" substitute "Department Head".

Division 3—References to Secretary as body corporate and Department Head

30. Country Fire Authority Act 1958

In the Country Fire Authority Act 1958—

(a) in section 3 insert—

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(b) in section 4, for "Director-General of Conservation, Forests and Lands" substitute "Department Head of the Department of Natural Resources and Environment";

(c) in sections 33, 51 and 52(2B), for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary";

(d) in section 52(2), for paragraph (c) substitute—

"(c) not more than four representatives of the Secretary appointed by the Authority upon nomination by the Secretary;";

(e) in section 54(2)(e)—

(i) for "Director-General of Conservation, Forests and Lands" substitute "Secretary";

(ii) for "Director-General" substitute "Secretary".

31. Mineral Resources Development Act 1990

In the Mineral Resources Development Act 1990—


(i) the definition of "chief administrator" is repealed;

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(ii) in paragraph (b) of the definition of "occupier", for "Director-General" substitute "Secretary";

(iii) in paragraph (a) of the definition of "dispute", for "chief administrator" substitute "Department Head";

(iv) insert—


(b) in section 15(3) and (4), 16(1) and (2), 18, 19(2), 20(1) and (4), 22, 24(3), 39(2) and (4) and 40(1), (2A) and (4), for "chief administrator" (wherever occurring) substitute "Department Head";

(c) in section 41—

(i) in sub-sections (1) and (3), for "chief administrator" substitute "Department Head";

(ii) sub-section (4) is repealed;

(d) in sections 41A(1) and 42(1), (2) and (7)(c), for "chief administrator" (wherever occurring) substitute "Department Head";

(e) in section 50(1), for paragraphs (a) and (b) substitute—

"(a) one is the Department Head; and

(b) one is an employee in the Department nominated by the Department Head; and"

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(f) in sections 56, 57 and 60, for "chief administrator" (wherever occurring) substitute "Department Head";

(g) in section 61—

(i) in sub-sections (1) and (2), for "chief administrator" substitute "Department Head";

(ii) sub-section (3) is repealed;

(h) in section 78(1), for "chief administrator" substitute "Department Head";

(i) in section 79(b)—

(i) omit "; or" at the end of sub-paragraph (i);

(ii) sub-paragraph (ii) is repealed;

(j) in section 80—

(i) in sub-section (2), paragraph (a) is repealed;

(ii) in sub-section (3), for "joint satisfaction of the Minister and the Director-General (as defined in the Conservation, Forests and Lands Act 1987)" substitute "satisfaction of the Minister";

(k) in section 82(1), for "and the Director-General (as defined in the Conservation, Forests and Lands Act 1987) are satisfied" substitute "is satisfied";

(l) in section 94(1), (2), (4) and (5), 95(1) and (2), 98, 115(3)(b), 118(1)(a), 120 and 121(1), for "chief administrator" (wherever occurring) substitute "Department Head".

32. Royal Botanic Gardens Act 1991

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In the Royal Botanic Gardens Act 1991—



(ii) insert—


(b) in section 3, sub-section (3) is repealed;

(c) in sections 32, 33 and 44, for "Director-General" (wherever occurring) substitute "Secretary";

(d) in clause 1(2) of Schedule 2, for "Director-General" substitute "Department Head of the Department of Natural Resources and Environment".

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PART 3—AMENDMENT OF COASTAL MANAGEMENT ACT 1995

33. Purposes

In section 1(a) of the Coastal Management Act 1995, for "Victorian Coastal and Bay Management Council" substitute "Victorian Coastal Council".

34. Definitions

In section 3(1) of the Coastal Management Act 1995, for the definition of "Council" substitute—

' "Council" means the Victorian Coastal Council established under Part 2;'.

35. Heading to Division 1 of Part 2

For the heading to Division 1 of Part 2 of the Coastal Management Act 1995 substitute—

"Division 1—Victorian Coastal Council".

36. Change of name of Council

In section 6 of the Coastal Management Act 1995 for "Victorian Coastal and Bay Management Council" substitute "Victorian Coastal Council".

37. Membership of Council

In section 7 of the Coastal Management Act 1995 for sub-sections (2) and (3) substitute—

"(2) In recommending persons for appointment as members of the Council, the Minister must have regard to the need for the members to have between them experience and knowledge of conservation, tourism, business, recreation, commerce, issues relating to indigenous peoples, community

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affairs, town planning, local government and coastal engineering.".

38. Membership of Boards

(1) In section 11 of the Coastal Management Act 1995 for "10 members" substitute "12 members".

(2) In section 11 of the Coastal Management Act 1995 for sub-sections (2) and (3) substitute—

"(2) In appointing persons as members of a Board, the Minister must have regard to the need for the members to have between them experience and knowledge of conservation, tourism, business, recreation, commerce, issues relating to indigenous peoples, community affairs, town planning, local government and coastal engineering.".

39. New section 11A inserted

After section 11 of the Coastal Management Act 1995 insert—

"11A. Membership of Board not an office of profit

A member of a Board shall not be taken to hold an office or place of profit under the Crown which would—

(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or

(b) make void the member's election to the Legislative Council or Legislative Assembly; or

(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or

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(d) subject the member to liability to pay a penalty under the Constitution Act 1975.".

40. New Part 4 substituted

For Part 4 of the Coastal Management Act 1995 substitute—

"PART 4—TRANSITIONAL

41. Saving of Council

The Victorian Coastal Council is deemed to be the same body as the Victorian Coastal and Bay Management Council despite the change in its name and any change in its membership resulting from the amendment of this Act by the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998.

42. Saving of Boards

A Board is deemed to be the same body despite any change in its membership resulting from the amendment of this Act by the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998.".

41. Amendment of Schedule

(1) In clause 1 of the Schedule to the Coastal Management Act 1995, in the definition of "body", for paragraph (a) substitute—

"(a) the Victorian Coastal Council; or".

(2) In clause 2 of the Schedule to the Coastal Management Act 1995—

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(a) in sub-clause (1) omit "a representative of a Government Department or"; and

(b) sub-clause (2) is repealed.

(3) At the end of clause 3 of the Schedule to the Coastal Management Act 1995 insert—

"(2) Despite sub-clause (1), a member of a Board who is also a member of the Legislative Council or a member of the Legislative Assembly is not entitled to receive fees and travelling and other allowances as a member of the Board.".

(4) After clause 9(3) of the Schedule to the Coastal Management Act 1995 insert—

"(4) A member of a sub-committee is entitled to receive the fees and travelling and other allowances from time to time fixed by the Minister.".

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PART 4—AMENDMENT OF CROWN LAND (RESERVES) ACT 1978

42. Reference to Coastal Council

In section 4(3) of the Crown Land (Reserves) Act 1978 for "Victorian Coastal and Bay Management Council" substitute "Victorian Coastal Council".

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PART 5—AMENDMENT OF PARKS VICTORIA ACT 1998

43. Powers of Parks Victoria

After section 4(2)(d) of the Parks Victoria Act 1998 insert—

"(da) may take land on lease and grant sub-leases of leased land; and".

44. Statute law revision

In section 21(h) of the Parks Victoria Act 1998 for "section 7" substitute "section 8".

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NOTES

† Minister's second reading speech—

Legislative Assembly: 3 September 1998

Legislative Council: 21 October 1998

The long title for the Bill for this Act was "to amend the Conservation, Forests and Lands Act 1987 and other Acts to amend references to the Secretary to the Department of Natural Resources and Environment, to amend the Coastal Management Act 1995, the Crown Land (Reserves) Act 1978 and the Parks Victoria Act 1998 and for other purposes."

Notes

conservation, forests and lands (miscellaneous amendments ... · 1 conservation, forests and lands...

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