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PARLIAMENT OF VICTORIA
Alpine Resorts Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Temporary reservation of resorts 4
5. Roads not part of temporary reservations 4
6. Land deemed not to be part of municipal district 5
PART 2--SPECIFIC POWERS IN RELATION TO ALPINE
RESORTS 6
7. Powers to lease reserved land in alpine resorts 6
8. Contributions 6
PART 3--ALPINE RESORTS CO-ORDINATING COUNCIL 9
Division 1--The Council 9
9. Establishment of Council 9
10. Council represents the Crown 9
11. Council accountable to Minister 9
12. Constitution and membership of the Council 10
13. Functions of the Council 10
14. Powers of the Council 11
15. Borrowing powers of Council 11
16. Council to act as Board 11
17. Delegation of function of the Council 12
Division 2--Conditions of membership and procedure of Council 12
18. Terms of appointment of members of the Council 12
19. Resignation and removal of members of the Council 12
20. Vacancies in membership of the Council 13
21. Committees of the Council 13
22. Fees and allowances of Council members 13
23. Validity of decisions of the Council 13
24. Presiding at Council meetings 14
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Clause Page
25. Proceedings of the Council 14
26. Disclosure of interests of Council members 14
Division 3--Corporate plans and financial matters of the Council 15
27. Corporate plan of the Council 15
28. Contents of statement of corporate intent of the Council 17
29. Council to notify Minister of significant affecting events etc. 18
30. General Account of the Council 18
PART 4--ALPINE RESORT MANAGEMENT BOARDS 20
Division 1--The Boards 20
31. Establishment of Boards 20
32. Boards represent the Crown 21
33. Ministerial directions and guidelines 21
34. Constitution and membership of Boards 21
35. Functions of Boards 21
36. General powers of Boards 22
37. Borrowing powers of Boards 22
38. Staff of Boards 22
Division 2--Conditions of membership and procedure of Boards 23
39. Terms of appointment of Board members 23
40. Chairpersons and deputy chairpersons of Boards 23
41. Terms of appointment of chairpersons and deputy chairpersons
of Boards 23
42. Resignation and removal of Board members 24
43. Vacancies in membership of Boards 24
44. Committees of Boards 24
45. Fees and allowances of Board members 24
46. Validity of decisions of Boards 25
47. Presiding at meetings of Boards 25
48. Proceedings of Boards 25
49. Disclosure of interest of Board members 26
Division 3--Corporate plans and financial matters of Boards 27
50. Corporate plans of Boards 27
51. Contents of statements of corporate intent of Boards 29
52. Boards to notify Minister of significant affecting events etc. 29
53. General Accounts of Boards 30
PART 5--MISCELLANEOUS 31
54. Lease of land to a generation company 31
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Clause Page
55. Issue of licences over land to a generation company 32
56. Regulations 32
PART 6--TRANSITIONAL ARRANGEMENTS AND
AMENDMENTS OF OTHER ACTS 35
Division 1--Repeals and transitional provisions 35
57. Definitions 35
58. Repeal of Alpine Resorts Act 1983 35
59. Transitional arrangements for Commission 35
Division 2--Amendment of other Acts 37
60. Amendment of the Building Act 1993 37
61. Amendment of the Conservation, Forests and Lands Act 1987 38
62. Amendment of the Forests Act 1958 38
63. Amendment of the Mineral Resources Development Act 1990 38
64. Amendment of the Planning Appeals Act 1980 39
65. Amendment of the Planning and Environment Act 1987 39
NOTES 40
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to make provision for the establishment of an Alpine Resorts Co-
ordinating Council and three Alpine Resorts Management Boards, to
make provision for the establishment and management of several
alpine resorts, to repeal the Alpine Resorts Act 1983, to make related
amendments to other Acts and for other purposes
Alpine Resorts Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) establish an Alpine Resorts Co-ordinating
5 Council and three Alpine Resorts
Management Boards; and
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s. 2
Act No.
(b) provide for the establishment and
management of several alpine resorts; and
(c) repeal the Alpine Resorts Act 1983; and
(d) make various other related provisions and
5 amendments to other Acts.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
10 (2) Subject to sub-section (3), the remaining
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 October 1998,
15 it comes into operation on that day.
3. Definitions
In this Act--
"alpine resort" means any of the following--
(a) Falls Creek Alpine Resort;
20 (b) Lake Mountain Alpine Resort;
(c) Mount Baw Baw Alpine Resort;
(d) Mount Buller Alpine Resort;
(e) Mount Hotham Alpine Resort;
(f) Mount Stirling Alpine Resort;
25 "Board" means an Alpine Resort Management
Board established under this Act;
"Central Plan Office" means the Central Plan
Office of the Office of Surveyor General;
"Council" means the Alpine Resorts Co-
30 ordinating Council established under Part 3;
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Alpine Resorts Act 1997
s. 3
Act No.
"Falls Creek Alpine Resort" means that area of
land which is shown bordered in red on a
plan lodged in the Central Plan Office and
numbered A.R.A. 2A;
5 "Lake Mountain Alpine Resort" means that
area of land which is shown bordered in red
on a plan lodged in the Central Plan Office
and numbered A.R.A. 6;
"member" in relation to the Council, includes the
10 chairperson of the Council, and, in relation
to a Board, includes the chairperson and
deputy chairperson of the Board;
"Mount Baw Baw Alpine Resort" means that
area of land which is shown bordered in red
15 on a plan lodged in the Central Plan Office
and numbered A.R.A. 5;
"Mount Buller Alpine Resort" means that area
of land which is shown bordered in red on a
plan lodged in the Central Plan Office and
20 numbered A.R.A. 3;
"Mount Hotham Alpine Resort" means that
area of land which is shown bordered in red
on a plan lodged in the Central Plan Office
and numbered A.R.A. 1;
25 "Mount Stirling Alpine Resort" means that area
of land which is shown bordered in red on a
plan lodged in the Central Plan Office and
numbered A.R.A. 4;
"reserved land" means land deemed by section 4
30 to be reserved under the Crown Land
(Reserves) Act 1978;
"Secretary" has the same meaning as Director-
General in the Conservation, Forests and
Lands Act 1987.
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Alpine Resorts Act 1997
s. 4
Act No.
4. Temporary reservation of resorts
(1) All Crown land in alpine resorts is deemed to be
temporarily reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for the
5 purposes of an alpine resort.
(2) The Falls Creek Alpine Resort Management
Board is deemed to be the committee of
management under the Crown Land (Reserves)
Act 1978 of all Crown land within the Falls Creek
10 Alpine Resort which is deemed to be temporarily
reserved under sub-section (1).
(3) The Mount Buller Alpine Resort Management
Board is deemed to be the committee of
management under the Crown Land (Reserves)
15 Act 1978 of all Crown land within the Mount
Buller Alpine Resort which is deemed to be
temporarily reserved under sub-section (1).
(4) The Mount Hotham Alpine Resort Management
Board is deemed to be the committee of
20 management under the Crown Land (Reserves)
Act 1978 of all Crown land within the Mount
Hotham Alpine Resort which is deemed to be
temporarily reserved under sub-section (1).
(5) The Alpine Resorts Co-ordinating Council is
25 deemed to be the committee of management under
the Crown Land (Reserves) Act 1978 of all
Crown land within the Lake Mountain, Mount
Baw and Mount Stirling Alpine Resorts which is
deemed to be temporarily reserved under sub-
30 section (1).
5. Roads not part of temporary reservations
The deemed temporary reservation of Crown land
under section 4(1) does not apply to--
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(a) that part of the Great Alpine Road (Alpine
Tourists Road) which is within the Mount
Hotham Alpine Resort;
(b) that part of the Mount Buller Tourist Road
5 which is within the Mount Buller Alpine
Resort;
(c) that part of the Bogong High Plains Tourist
Road which is within the Falls Creek Alpine
Resort;
10 (d) that part of the Lake Mountain Tourist Road
which is within the Lake Mountain Resort.
6. Land deemed not to be part of municipal district
Despite the Local Government Act 1989, any
land which is in an alpine resort is deemed not to
15 be part of any municipal district within the
meaning of the Local Government Act 1989 and
may not be added to a municipal district by an
Order made under that Act.
_______________
20
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Alpine Resorts Act 1997
s. 7
Act No.
PART 2--SPECIFIC POWERS IN RELATION TO ALPINE
RESORTS
7. Powers to lease reserved land in alpine resorts
(1) The Council, having first obtained the approval of
5 the Minister, may grant a lease of any reserved
land in an alpine resort in respect of which the
Council is deemed to be the committee of
management, for purposes not inconsistent with
the purposes of the reserve, for any term not
10 exceeding 99 years.
(2) A Board, having first obtained the approval of the
Minister, may grant a lease of any reserved land in
an alpine resort in respect of which the Board is
deemed to be the committee of management, for
15 purposes not inconsistent with the purposes of the
reserve, for any term not exceeding 99 years.
(3) Sub-sections (1) and (2) have effect--
(a) in addition to any power which the Council
or a Board has to lease such land under the
20 Crown Land (Reserves) Act 1978; and
(b) despite any provision setting out the term for
which reserved land may be leased in the
Crown Land (Reserves) Act 1978 which is
to the contrary.
25 8. Contributions
(1) A Board, in relation to the alpine resort for which
the Board has been established, may fix an
amount to be paid by any lessee of Crown lands or
occupier of other lands within the resort as a
30 contribution towards the costs incurred by the
Board in installing, supplying or maintaining all
or any of the following services in the resort--
(a) garbage disposal;
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(b) water supply;
(c) gas;
(d) drainage;
(e) sewerage;
5 (f) electricity;
(g) roads;
(h) fire protection.
(2) A contribution may be--
(a) charged for a particular service or generally
10 for a number of services or both;
(b) imposed as an annual charge or by any other
method determined by the Board; and
(c) liable to be paid in a particular case or by a
particular class of persons or for a particular
15 class of things.
(3) The Board must cause notice of any amount fixed
by the Board under sub-section (1) to be sent to
the person required to pay the amount.
(4) A notice under sub-section (3) must--
20 (a) be in the form approved by the Minister; and
(b) be sent by post.
(5) An amount payable under this section--
(a) is payable in the time and manner specified
in the notice; and
25 (b) may, in default of payment, be recovered as
a debt due to the Board.
(6) If there has been a default in the payment of an
amount payable under this section, the Board may
recover interest, at the rate for the time being
30 fixed
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s. 8
Act No.
under section 2 of the Penalty Interest Rates Act
1983, on that amount calculated from the time of
the default.
_______________
5
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Alpine Resorts Act 1997
s. 9
Act No.
PART 3--ALPINE RESORTS CO-ORDINATING COUNCIL
Division 1--The Council
9. Establishment of Council
(1) There is established a Council to be called the
5 "Alpine Resorts Co-ordinating Council".
(2) The Council--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
10 (c) may sue and be sued in its corporate name;
and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
15 body corporate may, by law, do and suffer.
(3) The common seal of the Council must be kept as
directed by the Council.
(4) All courts must take judicial notice of the imprint
of the common seal on a document and, until the
20 contrary is proved, must presume that the
document was properly sealed.
10. Council represents the Crown
In carrying out its functions and powers, the
Council acts on behalf of the Crown.
25 11. Council accountable to Minister
In carrying out its functions and powers, the
Council is subject to the general direction and
control of the Minister.
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Alpine Resorts Act 1997
s. 12
Act No.
12. Constitution and membership of the Council
The Council consists of--
(a) the chairperson appointed by the Governor in
Council on the recommendation of the
5 Minister; and
(b) the chairperson of each Alpine Resort
Management Board established under this
Act; and
(c) 3 persons appointed by the Governor in
10 Council on the recommendation of the
Minister.
13. Functions of the Council
The functions of the Council are--
(a) to make recommendations to the Minister on
15 matters related to the provision and
improvement of services and facilities in
alpine resorts;
(b) to co-ordinate, in conjunction with Tourism
Victoria (established under the Tourism
20 Victoria Act 1992) overall promotion of
alpine resorts;
(c) to act as a committee of management of
Crown land for those alpine resorts for
which a Board has not been appointed;
25 (d) to act as an Alpine Resort Management
Board for those alpine resorts for which a
Board has not been appointed;
(e) to make recommendations to the Minister on
any matter relating to alpine resorts in
30 respect of which the Minister has asked for
recommendations;
(f) to attract investment for the improvement of
alpine resorts.
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Alpine Resorts Act 1997
s. 14
Act No.
14. Powers of the Council
(1) The Council may do anything necessary or
convenient to enable it to carry out its functions.
(2) The general powers conferred on the Council by
5 this section are not limited by any other powers
conferred on the Council by this Act.
(3) For the purposes of carrying out its functions the
Council has the power to enter into contracts
agreements or arrangements and carry them out.
10 15. Borrowing powers of Council
For the purposes of sections 14C, 14D and 14E of
the Crown Land (Reserves) Act 1978 the
Council is deemed to be an incorporated
committee.
15 16. Council to act as Board
(1) In respect of those alpine resorts for which an
Alpine Resort Board of Management has not been
appointed, the Council has all the functions and
powers that such a Board would have to manage a
20 resort and is deemed to be the Alpine Resort
Board of Management of each of those resorts for
the purposes of this Act.
(2) In performing its functions as a Board--
(a) any business plan which the Council is
25 required to prepare; or
(b) statement of corporate intent which the
Council is required to make; or
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s. 17
Act No.
(c) General Account which the Council is
required to keep--
under Division 3 of Part 4 may be included in the
plan, statement or account which the Council is
5 required to prepare, make or keep under Division
3 of this Part.
17. Delegation of function of the Council
The Council may, by instrument in writing,
delegate its function under section 13(b) to--
10 (a) a member of the Council; or
(b) a member of a committee of the Council.
Division 2--Conditions of membership and procedure of
Council
18. Terms of appointment of members of the Council
15 (1) A member of the Council holds office for the
period, not exceeding 3 years, specified in the
instrument of his or her appointment.
(2) A member of the Council is eligible for re-
appointment.
20 (3) The instrument of appointment of a member of the
Council may specify terms and conditions of
appointment.
(4) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
25 not apply to a member in respect of the office of
member.
19. Resignation and removal of members of the Council
(1) A member of the Council may resign the office of
member by writing signed by the member and
30 addressed to the Governor in Council.
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Act No.
(2) The Governor in Council may at any time remove
a member of the Council from office.
20. Vacancies in membership of the Council
If a member of the Council dies, resigns or is
5 removed from office, the Governor in Council, in
accordance with this Act, may fill the vacant
office.
21. Committees of the Council
For the purposes of this Act, the Council may--
10 (a) from its members, appoint any committees
that it considers necessary and may abolish
any such committee; and
(b) determine the procedure of each committee.
22. Fees and allowances of Council members
15 A member of the Council, 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 in respect of that member.
20 23. Validity of decisions of the Council
(1) An act or decision of the Council is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a member; or
25 (b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
to appoint an original member.
(2) Anything done by or in relation to a person
purporting to act as chairperson or as a member is
30 not invalid merely because--
(a) the occasion for the appointment had not
risen; or
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s. 24
Act No.
(b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect.
24. Presiding at Council meetings
5 The person who is to preside at a meeting of the
Council is--
(a) the chairperson, if he or she is present; or
(b) if the chairperson is absent, a member
elected to preside by the members of the
10 Council present at the meeting.
25. Proceedings of the Council
(1) Subject to sub-section (2), meetings of the
Council are to be held at such times and places as
the chairperson determines.
15 (2) The chairperson may at any time convene a
meeting, but must do so when requested by a
member.
(3) A majority of the members for the time being
constitutes a quorum of the Council.
20 (4) A question arising at a meeting must be
determined by a majority of votes of members
present and voting on that question and, if the
voting is equal, the person presiding has a casting
vote as well as a deliberative vote.
25 (5) The person presiding must ensure that minutes are
kept of each of its meetings.
(6) Subject to this section, the Council may regulate
its own proceedings.
26. Disclosure of interests of Council members
30 (1) A member of the Council who has a direct or
indirect pecuniary interest in a contract or other
matter being dealt with by the Council must
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Alpine Resorts Act 1997
s. 27
Act No.
disclose the nature of that interest at a meeting of
the Council as soon as possible after becoming
aware of the interest.
(2) A member of the Council who holds an office or
5 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,
must disclose that fact at a meeting of the Council
as soon as possible after becoming aware of the
10 potential conflict.
(3) The person presiding at a meeting at which a
disclosure under this section is made must cause
that disclosure to be recorded in the minutes of the
meeting.
15 (4) A person who has made a disclosure under this
section must not take any further part in the
discussion of or vote on the contract or other
matter to which the disclosure relates.
(5) If a member votes on a matter in contravention of
20 sub-section (4), his or her vote must be
disallowed.
Division 3--Corporate plans and financial matters of the
Council
27. Corporate plan of the Council
25 (1) The Council must prepare a corporate plan each
year.
(2) The Council must give a copy of the proposed
plan to the Minister on or before 31 July in each
year, or such other time as the Minister may
30 specify.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and
must include--
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s. 27
Act No.
(a) a statement of corporate intent in accordance
with section 28;
(b) a business plan containing the information
required by the Minister;
5 (c) estimates of the receipts and expenditure of
the Council for the financial year or such
other period as the Minister may specify.
(4) The Council must consider any comments on the
proposed plan that are made to it by the Minister
10 within 2 months after the plan was submitted to
the Minister.
(5) The Council must--
(a) consult in good faith with the Minister
following communication to it of the
15 comments; and
(b) make such changes to the plan as are agreed
between the Minister and the Council; and
(c) deliver the completed plan to the Minister
within 2 months after the commencement of
20 the financial year.
(6) The plan, or any part of the plan, must not be
published or made available, except for the
purposes of this Part, without the prior approval of
the Council and the Minister.
25 (7) The plan may be modified at any time by the
Council with the agreement of the Minister.
(8) If the Council, by written notice to the Minister,
proposes a modification to the plan, the Council
may, within 14 days, make the modification
30 unless the Minister, by written notice to the
Council, directs the Council not to make it.
(9) The Minister may from time to time, by written
notice to the Council, direct the Council to include
any specified matters in or omit any specified
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s. 28
Act No.
matters from a statement of corporate intent, a
business plan or estimates.
(10) Before giving the direction under sub-section (8)
or (9), the Minister must consult with the Council
5 as to the matters referred to in the notice.
(11) The Council must comply with a direction under
this section.
(12) At any particular time, the statement of corporate
intent, the business plan or the estimates for the
10 Council are the statement, plan and estimates last
completed, with any modifications or deletions
made in accordance with this Division.
28. Contents of statement of corporate intent of the
Council
15 A statement of corporate intent of the Council
must specify, in respect of the financial year to
which it relates and each of the following 2
financial years, the following information--
(a) the objectives of the Council;
20 (b) the main undertakings of the Council;
(c) the nature and scope of the activities to be
undertaken by the Council;
(d) the accounting policies to be applied in the
accounts;
25 (e) the performance targets and other measures
by which the performance of the Council
may be judged in relation to its stated
objectives;
(f) the kind of information to be provided to the
30 Minister by the Council during the course of
those financial years, including the
information to be included in each annual
report;
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s. 29
Act No.
(g) such other matters as may be agreed on by
the Minister and the Council from time to
time.
29. Council to notify Minister of significant affecting
5 events etc.
If the Council is of the opinion that matters have
arisen that may prevent or significantly affect the
achievement of--
(a) the objectives of the Council under the
10 corporate plan; or
(b) financial targets under the plan--
the Council must immediately notify the Minister
of its opinion and the reasons for the opinion.
30. General Account of the Council
15 (1) The Council must keep an account to be called the
General Account.
(2) The Council must ensure that there is paid into the
General Account--
(a) all fees and contributions received or
20 recovered by the Council under this Act; and
(b) all other money received by the Council or
on the Council's behalf.
(3) The Council may pay money out of the General
Account--
25 (a) to meet any expenses incurred in carrying
out its functions or powers;
(b) in paying or repaying money borrowed by it
under this Act or the Crown Land
(Reserves) Act 1978, together with any
30 charges of interest on that money;
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s. 30
Act No.
(c) in paying remuneration or expenses to which
its members, staff or any members of its
committees are entitled;
(d) for any other purpose authorised by this Act
5 or the Crown Land (Reserves) Act 1978.
_______________
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Alpine Resorts Act 1997
s. 31
Act No.
PART 4--ALPINE RESORT MANAGEMENT BOARDS
Division 1--The Boards
31. Establishment of Boards
(1) There is established a board to be called the "Falls
5 Creek Alpine Resort Management Board".
(2) There is established a board to be called the
"Mount Buller Alpine Resort Management
Board".
(3) There is established a board to be called the
10 "Mount Hotham Alpine Resort Management
Board".
(4) Each Board established under this section--
(a) is a body corporate with perpetual
succession; and
15 (b) has a common seal; and
(c) may sue and be sued in its corporate name;
and
(d) may acquire hold and dispose of real and
personal property; and
20 (e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(5) The common seal of each Board must be kept as
directed by the Board.
(6) All courts must take judicial notice of the imprint
25 of the common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
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Act No.
32. Boards represent the Crown
In carrying out its functions and powers, each
Board acts on behalf of the Crown.
33. Ministerial directions and guidelines
5 (1) The Minister may give directions or issue
guidelines to a Board on the performance,
discharge or exercise by it of its functions, duties
or powers.
(2) A Board must comply with a direction or
10 guideline under sub-section (1).
34. Constitution and membership of Boards
Each Board is to consist of not less than 3 and not
more than 7 members appointed by the Minister.
35. Functions of Boards
15 The functions of each Board are--
(a) to act as a committee of management of
Crown land for the alpine resort for which
the Board is appointed;
(b) develop a tourism and marketing strategy for
20 the resort in respect of which the Board is
established and to promote that resort and to
contribute, together with Tourism Victoria
(established under the Tourism Victoria
Act 1992) and the Council, to overall
25 promotion of alpine resorts;
(c) to provide services in the nature of--
(i) garbage disposal;
(ii) water supply;
(iii) gas;
30 (iv) drainage;
(v) sewerage;
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s. 36
Act No.
(vi) electricity;
(vii) roads;
(viii) fire protection--
in the resort and to charge contributions for
5 the provision of those services;
(d) to provide transport services in the resort;
(e) to collect fees prescribed by the regulations;
(f) to attract investment for the improvement of
the resort in respect of which the Board is
10 established;
(g) to carry out any other function conferred on
the Board by or under this or any other Act.
36. General powers of Boards
(1) A Board may do anything necessary or convenient
15 to enable it to carry out its functions.
(2) The general powers conferred on a Board by this
section are not limited by any other powers
conferred on that Board by this Act.
(3) For the purposes of carrying out its functions the
20 Board has the power to enter into contracts
agreements or arrangements and carry them out.
37. Borrowing powers of Boards
For the purposes of sections 14C, 14D and 14E of
the Crown Land (Reserves) Act 1978 each
25 Board is deemed to be an incorporated committee.
38. Staff of Boards
A Board may employ any persons it considers
necessary for the purposes of this Act.
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Division 2--Conditions of membership and procedure of
Boards
39. Terms of appointment of Board members
(1) A member of a Board holds office for the period,
5 not exceeding 3 years, specified in the instrument
of his or her appointment.
(2) A member of a Board is eligible for re-
appointment.
(3) The instrument of appointment of a member of a
10 Board may specify terms and conditions of
appointment.
(4) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member in respect of the office of
15 member.
40. Chairpersons and deputy chairpersons of Boards
(1) The Minister, for each Board, must appoint--
(a) one of the members of the Board to be
chairperson; and
20 (b) one of the members of the Board to be
deputy chairperson.
(2) If the chairperson is absent or unable to perform
his or her duties as chairperson, the deputy
chairperson must act as chairperson and, while
25 acting as chairperson, has all the powers and
duties of the chairperson.
41. Terms of appointment of chairpersons and deputy
chairpersons of Boards
(1) A person appointed as chairperson or deputy
30 chairperson of a Board holds that office for the
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period not exceeding 3 years, specified in the
instrument of his or her appointment, and is
eligible for re-appointment.
(2) The instrument of appointment of the chairperson
5 or deputy chairperson may specify terms and
conditions of appointment.
(3) A person appointed as chairperson or deputy
chairperson ceases to hold that office on ceasing
to be a member of the Board.
10 42. Resignation and removal of Board members
(1) A member of a Board may resign the office of
member by writing signed by the member and
addressed to the Minister.
(2) The Minister may at any time remove a member
15 of a Board from office.
43. Vacancies in membership of Boards
If a member of a Board dies, resigns or is removed
from office, the Minister, in accordance with this
Act, may fill the vacant office.
20 44. Committees of Boards
For the purposes of this Act, a Board may--
(a) from its members, appoint any committees
that it considers necessary and may abolish
any such committee; and
25 (b) determine the procedure of each committee.
45. Fees and allowances of Board members
A member of a Board, other than a member who
is an officer or employee of the public service, is
entitled to receive the fees, travelling and other
30 allowances from time to time fixed by the
Minister in respect of that member.
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46. Validity of decisions of Boards
(1) An act or decision of a Board is not invalid merely
because of--
(a) a defect or irregularity in, or in connection
5 with, the appointment of a member; or
(b) a vacancy in the membership of the Board,
including a vacancy arising from the failure
to appoint an original member.
(2) Anything done by or in relation to a person
10 purporting to act as chairperson, deputy
chairperson or as a member is not invalid merely
because--
(a) the occasion for the appointment had not
arisen; or
15 (b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect.
47. Presiding at meetings of Boards
The person who is to preside at a meeting of a
20 Board is--
(a) the chairperson, if he or she is present; or
(b) the deputy chairperson, if the chairperson is
absent; or
(c) if both the chairperson and the deputy
25 chairperson are absent, a member elected to
preside by the members of the Board present
at the meeting.
48. Proceedings of Boards
(1) Subject to sub-section (2), meetings of a Board
30 are to be held at such times and places as the
chairperson determines.
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(2) The chairperson may at any time convene a
meeting, but must do so when requested by a
member.
(3) A majority of the members for the time being
5 constitutes a quorum of a Board.
(4) A question arising at a meeting must be
determined by a majority of votes of members
present and voting on that question and, if the
voting is equal, the person presiding has a casting
10 vote as well as a deliberative vote.
(5) The person presiding must ensure that minutes are
kept of each of its meetings.
(6) Subject to this section, a Board may regulate its
own proceedings.
15 49. Disclosure of interest of Board members
(1) A member of a Board who has a direct or indirect
pecuniary interest in a contract or other matter
being dealt with by the Board must disclose the
nature of that interest at a meeting of the Board as
20 soon as possible after becoming aware of the
interest.
(2) A member of a Board who holds an office or
possesses property as a result of which, directly or
indirectly, duties or interests may be created in
25 conflict with the member's duties as a member,
must disclose that fact at a meeting of the Board
as soon as possible after becoming aware of the
potential conflict.
(3) The person presiding at a meeting at which a
30 disclosure under this section is made must cause
that disclosure to be recorded in the minutes of the
meeting.
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(4) A person who has made a disclosure under this
section must not take any further part in the
discussion of or vote on the contract or other
matter to which the disclosure relates.
5 (5) If a member votes on a matter in contravention of
sub-section (4), his or her vote must be
disallowed.
Division 3--Corporate plans and financial matters of
Boards
10 50. Corporate plans of Boards
(1) Each Board must prepare a corporate plan each
year.
(2) Each Board must give a copy of its proposed plan
to the Minister on or before 31 July in each year,
15 or such other time as the Minister may specify.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and
must include--
(a) a statement of corporate intent in accordance
20 with section 51;
(b) a business plan containing the information
required by the Minister;
(c) estimates of the receipts and expenditure of
the Board for the financial year or such other
25 period as the Minister may specify.
(4) The Board must consider any comments on the
proposed plan that are made to it by the Minister
within 2 months after the plan was submitted to
the Minister.
30 (5) The Board must--
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(a) consult in good faith with the Minister
following communication to it of the
comments; and
(b) make such changes to the plan as are agreed
5 between the Minister and the Board; and
(c) deliver the completed plan to the Minister
within 2 months after the commencement of
the financial year.
(6) The plan, or any part of the plan, must not be
10 published or made available except for the
purposes of this Part, without the prior approval of
the Board and the Minister.
(7) The plan may be modified at any time by the
Board with the agreement of the Minister.
15 (8) If the Board, by written notice to the Minister,
proposes a modification to the plan, the Board
may, within 14 days, make the modification
unless the Minister, by written notice to the
Board, directs the Board not to make it.
20 (9) The Minister may from time to time, by written
notice to the Board, direct the Board to include
any specified matters in or omit any specified
matters from a statement of corporate intent, a
business plan or estimates.
25 (10) Before giving the direction under sub-section (8)
or (9), the Minister must consult with the Board as
to the matters referred to in the notice.
(11) The Board must comply with a direction under
this section.
30 (12) At any particular time, the statement of corporate
intent, the business plan or the estimates for each
Board are the statement, plan and estimates last
completed, with any modifications or deletions
made in accordance with this Division.
35
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51. Contents of statements of corporate intent of Boards
The statement of corporate intent of each Board
must specify, in respect of the financial year to
which it relates and each of the following 2
5 financial years, the following information--
(a) the objectives of the Board;
(b) the main undertakings of the Board;
(c) the nature and scope of the activities to be
undertaken by the Board;
10 (d) the accounting policies to be applied in the
accounts;
(e) the performance targets and other measures
by which the performance of the Board may
be judged in relation to its stated objectives;
15 (f) the kind of information to be provided to the
Minister by the Board during the course of
those financial years, including the
information to be included in each annual
report;
20 (g) such other matters as may be agreed on by
the Minister and the Board from time to
time.
52. Boards to notify Minister of significant affecting
events etc.
25 If a Board is of the opinion that matters have
arisen that may prevent or significantly affect the
achievement of--
(a) the objectives of the Board under the
corporate plan; or
30 (b) financial targets under the plan--
the Board must immediately notify the Minister of
its opinion and the reasons for the opinion.
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53. General Accounts of Boards
(1) Each Board must keep an account to be called the
General Account.
(2) Each Board must ensure that there is paid into its
5 General Account--
(a) all fees and contributions received or
recovered by the Board under this Act; and
(b) all other money received by the Board or on
the Board's behalf.
10 (3) The Board may pay money out of its General
Account--
(a) to meet any expenses incurred in carrying
out its functions or powers;
(b) in paying or repaying money borrowed by it
15 under this Act or the Crown Land
(Reserves) Act 1978, together with any
charges of interest on that money;
(c) in paying remuneration or expenses to which
its members, staff or any members of its
20 committees are entitled;
(d) for any other purpose authorised by this Act
or the Crown Land (Reserves) Act 1978.
_______________
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PART 5--MISCELLANEOUS
54. Lease of land to a generation company
(1) The Minister may grant or renew a lease to a
generation company of any area of land in the
5 Falls Creek Alpine Resort which is used for the
purposes of the generation of electricity for supply
or sale.
(2) A lease under sub-section (1)--
(a) must be granted in writing; and
10 (b) is subject to the terms and conditions
determined by the Minister.
(3) A lease under sub-section (1) may be granted--
(a) without being limited to a particular stratum
of land; or
15 (b) for a stratum of land.
(4) The Minister must not grant a lease under sub-
section (1) for a stratum of land unless he or she is
satisfied that--
(a) each lessee for the time being under the lease
20 can obtain reasonable access to and use of
the land to be leased; and
(b) the granting of the lease would not interfere
with the exercise of rights by the registered
proprietor, lessee or licensee of other land;
25 and
(c) provision has been made (in the lease or
otherwise) for any necessary rights of
support of the stratum or other land or of any
building or structure erected or to be erected
30 on those lands; and
(d) provision has been made (in the lease or
otherwise) for any necessary rights for the
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passage or provision of services (including
drainage, sewerage, or the supply of water,
gas, electricity or telephone) to or through
the stratum, where those rights are necessary
5 for the reasonable enjoyment of the stratum
or other land.
(5) The granting under sub-section (1) of a lease of a
stratum of land is conclusive proof of compliance
with sub-section (4) in respect of the lease.
10 (6) In this section, "generation company" has the
same meaning as in the Electricity Industry Act
1993.
55. Issue of licences over land to a generation company
(1) The Falls Creek Alpine Resort Management
15 Board may grant or renew a licence to a
generation company of any area of land in the
Falls Creek Alpine Resort which is used for the
purposes of the generation of electricity for supply
or sale.
20 (2) A licence under sub-section (1)--
(a) must be granted in writing; and
(b) is subject to the terms and conditions
determined by the Board.
(3) In this section, "generation company" has the
25 same meaning as in the Electricity Industry Act
1993.
56. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
30 (a) the protection, management and control of
alpine resorts;
(b) prohibiting or regulating the entry into
resorts or parts of resorts by persons,
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vehicles or vessels and the landing in resorts
of helicopters or other aircraft and
prescribing the periods during which
persons, vehicles, vessels, helicopters or
5 other aircraft may remain in resorts;
(c) prohibiting or regulating the places in resorts
in which vehicles may be parked or left
standing and the period during which they
may be so parked or left standing;
10 (d) setting aside areas in resorts for public use
and--
(i) prohibiting or regulating the nature of
the use of any such area;
(ii) prescribing measures to be taken for the
15 safety of persons using any such area;
(e) prohibiting or regulating the bringing into or
having or using firearms or other offensive
weapons in alpine resorts;
(f) prohibiting or regulating the conduct of any
20 events, sports, games or other similar
activities in alpine resorts;
(g) prohibiting or regulating persons bringing
animals into resorts or keeping or having
animals in resorts;
25 (h) regulating the installation, operation and use
of ski lifts in alpine resorts;
(i) prohibiting or regulating camping and the
lighting of fires within alpine resorts and
fixing fees for such camping;
30
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(j) fixing fees for entry by persons or classes of
persons to alpine resorts and exempting
persons or classes of persons from the
payment of the fees;
5 (k) fixing fees for parking vehicles in resorts,
whether as annual fees or in respect of any
other shorter period;
(l) fixing fees for transport provided by a Board
within a resort;
10 (m) fixing fees for access to any area set aside by
or under the regulations for public use;
(n) the carriage and fixing of wheel chains in
alpine resorts;
(o) any other matter or thing required or
15 permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
this Act.
(2) The regulations made under this Act may--
(a) be of general or limited application; and
20 (b) differ according to differences in time, place
or circumstances; and
(c) confer discretions or powers or impose
duties on any specified person or specified
class of persons; and
25 (d) impose specific minimum or maximum fees
and provide for the waiver or reduction of
fees; and
(e) impose penalties, not exceeding 10 penalty
units, for contravention of the regulations.
30 _______________
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PART 6--TRANSITIONAL ARRANGEMENTS AND
AMENDMENTS OF OTHER ACTS
Division 1--Repeals and transitional provisions
57. Definitions
5 In this part--
"Commission" means the Alpine Resorts
Commission established under the old Act;
"old Act" means the Alpine Resorts Act 1983.
58. Repeal of Alpine Resorts Act 1983
10 The Alpine Resorts Act 1983 is repealed.
59. Transitional arrangements for Commission
(1) On the commencement of this section the
Commission is abolished and its members and the
Chief Executive Officer go out of office.
15 (2) On the commencement of this section--
(a) the Council is the successor in law of the
Commission for the purposes of any matter
other than a matter relating to an alpine
resort in respect of which a Board has been
20 appointed; and
(b) all rights, assets, liabilities and obligations of
the Commission immediately before its
abolition, which do not relate to an alpine
resort in respect of which a Board has been
25 appointed under this Act, become rights,
assets, liabilities and obligations of the
Council; and
(c) the Council is substituted for the
Commission as a party in any proceedings,
30 contract, agreement, or arrangement,
commenced or made by against or in relation
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s. 59
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to the Commission, being proceedings or a
contract, agreement or arrangement which
does not relate to an alpine resort in respect
of which a Board has been appointed under
5 this Act; and
(d) the Council may continue and complete any
other continuing matter or thing commenced
by or against or in relation to the
Commission, being a matter or thing which
10 does not relate to an alpine resort in respect
of which a Board has been appointed under
this Act.
(3) On the commencement of this section--
(a) the Board is the successor in law of the
15 Commission for the purposes of any matter
which relates to the alpine resort in respect
of which the Board has been appointed; and
(b) all rights, assets, liabilities and obligations of
the Commission immediately before its
20 abolition, which relate to that alpine resort,
become rights, assets, liabilities and
obligations of the Board; and
(c) the Board is substituted for the Commission
as a party in any proceedings, contract,
25 agreement, or arrangement, commenced or
made by against or in relation to the
Commission, being proceedings or a contract
agreement or arrangement which relates to
that alpine resort; and
30 (d) the Board may continue and complete any
other continuing matter or thing commenced
by or against or in relation to the
Commission, being a matter or thing which
relates to that alpine resort.
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(4) The Minister may determine any dispute or
question about anything done or proposed to be
done under this section, if the dispute or question
arises between the Council and a Board.
5 (5) The persons between whom a dispute or question
arose are bound by the determination.
Division 2--Amendment of other Acts
60. Amendment of the Building Act 1993
(1) In section 192(1) of the Building Act 1993, for
10 sub-section (1) substitute--
"(1) The Minister, after consulting with the
councils concerned, may declare that the
administration and enforcement of Parts 3, 4,
5, 7 and 8 and the building regulations in an
15 alpine resort, within the meaning of the
Alpine Resorts Act 1997, is to be carried
out by--
(a) in the case of an alpine resort in respect
of which an Alpine Resort Management
20 Board has been appointed under that
Act, the Management Board; or
(b) in the case of an alpine resort in respect
of which an Alpine Resort Management
Board has not been appointed under
25 that Act, the Alpine Resorts Co-
ordinating Council appointed under that
Act.".
(2) In section 192(3) of the Building Act 1993--
(a) for paragraph (a) substitute--
30 "(a) any reference to a council were a
reference to the relevant Alpine Resort
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Management Board or the Alpine
Resort Co-ordinating Council (as the
case requires); and";
(b) in paragraph (b), for "the Alpine Resorts
5 Commission" substitute "the relevant
Alpine Resort Management Board or the
Alpine Resorts Co-ordinating Council (as the
case requires)".
61. Amendment of the Conservation, Forests and Lands
10 Act 1987
In Schedule 1 to the Conservation, Forests and
Lands Act 1987, before "Catchment and Land
Protection Act 1994" insert "Alpine Resorts
Act 1997".
15 62. Amendment of the Forests Act 1958
In section 62 of the Forests Act 1958--
(a) for paragraph (e) substitute--
"(e) the land is under the control and
management of an Alpine Resort
20 Management Board within the meaning
of the Alpine Resorts Act 1997 or is
under the control and management of
the Alpine Resorts Co-ordinating
Council within the meaning of that Act,
25 the land shall be deemed to be
protected public land for so long as a
Board or the Council manages the land;
or";
(b) sub-section (1B) is repealed.
30 63. Amendment of the Mineral Resources Development
Act 1990
In item 2 of Schedule 3 to the Mineral Resources
Development Act 1990 for "Alpine Resorts Act
1983" substitute "Alpine Resorts Act 1997".
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64. Amendment of the Planning Appeals Act 1980
In the Schedule to the Planning Appeals Act
1980 omit "Alpine Resorts Act 1983".
65. Amendment of the Planning and Environment Act
5 1987
(1) Section 8(4) of the Planning and Environment
Act 1987 is repealed.
(2) Section 96(8) of the Planning and Environment
Act 1987 is repealed.
10 (3) Section 188(1)(c) of the Planning and
Environment Act 1987 is repealed.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
40
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