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PARLIAMENT OF VICTORIA
Alpine Resorts (Management) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Bodies deemed to be committees of management 4
5. Operation of other Acts in relation to alpine resorts 5
6. Act binds the Crown 6
PART 2--SPECIFIC POWERS IN RELATION TO ALPINE
RESORTS 7
7. Powers to lease reserved land in alpine resorts 7
8. Licences issued under the Crown Land (Reserves) Act 1978 7
9. Lease of land to a generation company 7
10. Issue of licences over land to a generation company 9
11. Agreement with electricity company over land in resort 9
12. Powers to enter into agreements and arrangements 10
13. Contributions 11
PART 3--ALPINE RESORTS CO-ORDINATING COUNCIL 14
Division 1--The Council 14
14. Establishment of Council 14
15. Council represents the Crown 14
16. Council accountable to Minister 14
17. Constitution and membership of the Council 15
18. Functions of the Council 15
19. Powers of the Council 15
20. Delegation of function of the Council 16
Division 2--Conditions of membership and procedure of Council 16
21. Terms of appointment of members of the Council 16
22. Resignation and removal of members of the Council 16
23. Vacancies in membership of the Council 17
24. Committees of the Council 17
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Clause Page
25. Fees and allowances of Council members 17
26. Validity of decisions of the Council 17
27. Presiding at Council meetings 18
28. Proceedings of the Council 18
29. Disclosure of interests of Council members 18
Division 3--Corporate plans and financial matters of the Council 19
30. Corporate plan of the Council 19
31. Contents of statement of corporate intent of the Council 21
32. Council to notify Minister of significant affecting events etc. 22
33. General Account of the Council 22
PART 4--ALPINE RESORT MANAGEMENT BOARDS 23
Division 1--The Boards 23
34. Establishment of Boards 23
35. Boards represent the Crown 24
36. Ministerial directions and guidelines 24
37. Constitution and membership of Boards 24
38. Functions of Boards 24
39. General powers of Boards 26
40. Powers of Boards under the Crown Land (Reserves) Act 1978 26
41. Staff of Boards 26
Division 2--Conditions of membership and procedure of Boards 26
42. Terms of appointment of Board members 26
43. Chairpersons and deputy chairpersons of Boards 27
44. Terms of appointment of chairpersons and deputy chairpersons
of Boards 27
45. Resignation and removal of Board members 27
46. Vacancies in membership of Boards 28
47. Committees of Boards 28
48. Fees and allowances of Board members 28
49. Validity of decisions of Boards 28
50. Presiding at meetings of Boards 29
51. Proceedings of Boards 29
52. Disclosure of interest of Board members 30
Division 3--Corporate plans and financial matters of Boards 30
53. Corporate plans of Boards 30
54. Contents of statements of corporate intent of Boards 32
55. Boards to notify Minister of significant affecting events etc. 33
56. General Accounts of Boards 33
PART 5--MISCELLANEOUS 35
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Clause Page
57. Regulations 35
PART 6--TRANSITIONAL ARRANGEMENTS AND
AMENDMENTS OF OTHER ACTS 38
Division 1--Repeals and transitional provisions 38
58. Definition 38
59. Transitional arrangements for Commission 38
60. Minister to determine staff to be transferred 40
61. Transfer of staff 40
62. Land to be excised from Mount Buller Alpine Resort 41
63. Land to be excised from Alpine National Park 41
64. Continuation of alpine and bush grazing licences 41
65. Alpine and bush grazing licences to be subject to the agreement 41
Division 2--Amendment of other Acts 42
66. Amendment of section 2 of the Alpine Resorts Act 1983--
definitions 42
67. Amendment of section 21 of the Alpine Resorts Act 1983--
application of Planning and Environment Act 1987 42
68. Insertion of new sections 22, 23 and 24 in the Alpine Resorts
Act 1983 42
22. Construction of reference 42
23. Roads not part of reservations 43
24. Land deemed not to be part of municipal district 43
69. Amendment of Alpine Resorts Act 1983--repeal of Parts 43
70. Amendment of the Building Act 1993 44
71. Amendment of the Conservation, Forests and Lands Act 1987 44
72. Amendment of the Forests Act 1958 44
73. Amendment of the National Parks Act 1975 45
74. Amendment of the Planning Appeals Act 1980 45
75. Amendment of the Planning and Environment Act 1987 45
NOTES 46
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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 six Alpine Resort Management Boards, to
make provision for the management of alpine resorts, to amend the
Alpine Resorts Act 1983, to make related amendments to other Acts
and for other purposes.
Alpine Resorts (Management) 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 six Alpine Resort Management
Boards; and
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Alpine Resorts (Management) Act 1997
s. 2
Act No.
(b) provide for the management of several alpine
resorts; and
(c) amend the Alpine Resorts Act 1983; and
(d) make various other related provisions and
5 amendments to other Acts.
2. Commencement
(1) Section 1, section 60 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" has the same meaning as in the
Alpine Resorts Act 1983;
20 "Board" means an Alpine Resort Management
Board established under this Act;
"Central Plan Office" means the Central Plan
Office of the Department of Natural
Resources and Environment;
25 "Council" means the Alpine Resorts Co-
ordinating Council established under Part 3;
"Falls Creek Alpine Resort" means the land at
Falls Creek declared to be an alpine resort by
Order in Council made under the Alpine
30 Resorts Act 1983 on 16 April 1985 and
published in the Government Gazette on
17 April 1985;
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Alpine Resorts (Management) Act 1997
s. 3
Act No.
"Lake Mountain Alpine Resort" means the land
at Lake Mountain declared to be an alpine
resort by Order in Council made under the
Alpine Resorts Act 1983 on 24 March 1987
5 and published in the Government Gazette on
25 March 1987 other than the land
delineated and shown hatched on the plan in
Part D of Schedule 1 to the National Parks
(Yarra Ranges and Other Amendments)
10 Act 1995 and excised from the resort by
section 25 of that Act;
"member" in relation to the Council, includes the
chairperson of the Council, and, in relation
to a Board, includes the chairperson and
15 deputy chairperson of the Board;
"Mount Baw Baw Alpine Resort" means the
land at Mount Baw Baw declared to be an
alpine resort by Order in Council made
under the Alpine Resorts Act 1983 on 29
20 April 1986 and published in the Government
Gazette on 30 April 1986;
"Mount Buller Alpine Resort" means the land at
Mount Buller declared to be an alpine resort
by Order in Council made under the Alpine
25 Resorts Act 1983 on 19 February 1985 and
published in the Government Gazette on 27
February 1985 excepting the land shown
hatched on the plan lodged in the Central
Plan Office and numbered LEGL./97-283;
30 "Mount Hotham Alpine Resort" means the land
at Mount Hotham declared to be an alpine
resort by Order in Council made under the
Alpine Resorts Act 1983 on 19 February
1985 and published in the Government
35 Gazette on 27 February 1985;
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Alpine Resorts (Management) Act 1997
s. 4
Act No.
"Mount Stirling Alpine Resort" means the land
at Mount Stirling declared to be an alpine
resort by Order in Council made under the
Alpine Resorts Act 1983 on 19 February
5 1985 and published in the Government
Gazette on 27 February 1985 and the land
shown hatched on the plan lodged in the
Central Plan Office and numbered
LEGL./97-283;
10 "public authority" means any body (whether
corporate or unincorporate) constituted by or
under an Act for a public purpose;
"relevant law" has the same meaning as in the
Conservation, Forests and Lands Act
15 1987;
"Secretary" has the same meaning as Director-
General in the Conservation, Forests and
Lands Act 1987;
"stratum of land" means a part of land
20 consisting of a space of any shape, below, on
or above the surface of the land, all the
dimensions of which are limited.
4. Bodies deemed to be committees of management
(1) The Falls Creek Alpine Resort Management
25 Board is deemed to be the committee of
management under the Crown Land (Reserves)
Act 1978 of all Crown land within the Falls Creek
Alpine Resort which is deemed to be permanently
reserved under the Crown Land (Reserves) Act
30 1978.
(2) The Lake Mountain 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 Lake
35 Mountain Alpine Resort which is deemed to be
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Alpine Resorts (Management) Act 1997
s. 5
Act No.
permanently reserved under the Crown Land
(Reserves) Act 1978.
(3) The Mount Baw Baw Alpine Resort Management
Board is deemed to be the committee of
5 management under the Crown Land (Reserves)
Act 1978 of all Crown land within the Mount Baw
Baw Alpine Resort which is deemed to be
permanently reserved under the Crown Land
(Reserves) Act 1978.
10 (4) The Mount Buller 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 Mount
Buller Alpine Resort which is deemed to be
15 permanently reserved under the Crown Land
(Reserves) Act 1978.
(5) The Mount Hotham Alpine Resort Management
Board is deemed to be the committee of
management under the Crown Land (Reserves)
20 Act 1978 of all Crown land within the Mount
Hotham Alpine Resort which is deemed to be
permanently reserved under the Crown Land
(Reserves) Act 1978.
(6) The Mount Stirling Alpine Resort Management
25 Board is deemed to be the committee of
management under the Crown Land (Reserves)
Act 1978 of all Crown land within the Mount
Stirling Alpine Resort which is deemed to be
permanently reserved under the Crown Land
30 (Reserves) Act 1978.
5. Operation of other Acts in relation to alpine resorts
For the purposes of--
(a) the Emergency Management Act 1986; and
(b) Division 2A of Part 9 of the Environment
35 Protection Act 1970--
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Alpine Resorts (Management) Act 1997
s. 6
Act No.
the Board of an alpine resort is deemed to be a
municipal council.
6. Act binds the Crown
This Act binds the Crown in right of Victoria and,
5 so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
_______________
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Alpine Resorts (Management) 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 Board of an alpine resort, having first
5 obtained the approval of the Minister, may grant a
lease of any land in the resort, which is deemed to
be permanently reserved under the Crown Land
(Reserves) Act 1978, for purposes consistent with
the purposes of the reserve, for any term not
10 exceeding 99 years.
(2) Sub-section (1) has effect--
(a) in addition to any power which the Board
has to lease such land under the Crown
Land (Reserves) Act 1978; and
15 (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.
8. Licences issued under the Crown Land (Reserves) Act
20 1978
Despite anything to the contrary in the Crown
Land (Reserves) Act 1978, a licence granted
under section 17A(1)(d) or 17B(1)(a) of that Act
over any land in an alpine resort which is deemed
25 to be permanently reserved under the Crown
Land (Reserves) Act 1978 may be issued for a
period not exceeding 10 years.
9. Lease of land to a generation company
(1) The Minister may grant or renew a lease to a
30 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.
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Alpine Resorts (Management) Act 1997
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Act No.
(2) A lease under sub-section (1)--
(a) must be granted in writing; and
(b) is subject to the terms and conditions
determined by the Minister.
5 (3) A lease under sub-section (1) may be granted--
(a) without being limited to a particular stratum
of land; or
(b) for a stratum of land.
(4) The Minister must not grant a lease under sub-
10 section (1) for a stratum of land unless he or she is
satisfied that--
(a) each lessee for the time being under the lease
can obtain reasonable access to and use of
the land to be leased; and
15 (b) the granting of the lease would not interfere
with the exercise of rights by the registered
proprietor, lessee or licensee of other land;
and
(c) provision has been made (in the lease or
20 otherwise) for any necessary rights of
support of the stratum or other land or of any
building or structure erected or to be erected
on the land; and
(d) provision has been made (in the lease or
25 otherwise) for any necessary rights for the
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
30 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.
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Alpine Resorts (Management) Act 1997
s. 10
Act No.
(6) In this section "generation company" has the
same meaning as in the Electricity Industry Act
1993.
10. Issue of licences over land to a generation company
5 (1) The Minister 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.
10 (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 Minister.
(3) In this section, "generation company" has the
15 same meaning as in the Electricity Industry Act
1993.
11. Agreement with electricity company over land in
resort
(1) The Minister may enter into an agreement with an
20 electricity company--
(a) to manage and control; or
(b) to carry out duties, functions and powers
related to the company's purpose on--
any Crown land which is deemed to be
25 permanently reserved under the Crown Land
(Reserves) Act 1978 in an alpine resort that is
used for the purposes of or in connection with the
company's purpose.
(2) An agreement under sub-section (1)--
30 (a) must be in writing; and
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s. 12
Act No.
(b) may be amended from time to time or
terminated by further written agreement
between the parties; and
(c) must contain provisions with respect to the
5 protection and conservation of the land
subject to the agreement.
(3) In this section--
"electricity company" means a generation
company, transmission company or
10 distribution company within the meaning of
the Electricity Industry Act 1993;
"company's purpose" means--
(a) in relation to an electricity company
that is a generation company, the
15 generation of electricity for the
purposes of supply or sale;
(b) in relation to an electricity company
that is a transmission company, the
transmission of electricity;
20 (c) in relation to an electricity company
that is a distribution company, the
distribution or supply of electricity.
12. Powers to enter into agreements and arrangements
(1) The Minister may enter into a written agreement
25 with the Minister responsible for a Department or
public authority for--
(a) the carrying out of works and undertakings
in an alpine resort by the Department or
authority which are of a kind ordinarily
30 carried out by the Department or authority;
or
(b) the provision of services in an alpine resort
by the Department or authority which are of
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Alpine Resorts (Management) Act 1997
s. 13
Act No.
a kind ordinarily provided by the Department
or authority.
(2) In sub-section (1), "public authority" does not
include a municipal council within the meaning of
5 the Local Government Act 1989.
(3) Where any land within the vicinity of an alpine
resort is managed under a relevant law, the Board
of the resort may enter into a written agreement or
written arrangement with the person or public
10 authority who manages that land for the provision
of cross country trail systems on the land and for
the use of the systems for cross country skiing.
(4) An agreement or arrangement under sub-section
(3) may apply any section of this Act or any
15 provision of the regulations made under this Act
to the land which is the subject of the agreement
or arrangement, and any section or provision
which is so applied is applied with all the
necessary modifications and any additional
20 modifications or deletions that are specified in the
agreement or arrangement.
(5) Despite anything to the contrary in any other Act,
the person or public authority managing the land
which is the subject of an agreement or
25 arrangement under sub-section (3) may, by that
agreement or arrangement, delegate to the Board
any of the powers or functions imposed on the
person or public authority by or under any Act.
13. Contributions
30 (1) A Board of a resort may fix an amount to be paid
by any lessee of Crown lands or occupier of other
lands within the resort as a contribution towards
the costs incurred by the Board in installing,
supplying or maintaining all or any of the
35 following services in the resort--
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Act No.
(a) garbage disposal;
(b) water supply;
(c) gas;
(d) drainage;
5 (e) sewerage;
(f) electricity;
(g) roads;
(h) fire protection;
(i) snowmaking.
10 (2) A contribution may be--
(a) charged for a particular service or generally
for a number of services or both; and
(b) imposed as an annual charge or by any other
method determined by the Board; and
15 (c) liable to be paid in a particular case or by a
particular class of persons or for a particular
class of things.
(3) The Board must cause notice of any amount fixed
by the Board under sub-section (1) to be sent to
20 the person required to pay the amount.
(4) A notice under sub-section (3) must--
(a) be in the form approved by the Minister; and
(b) be sent by post.
(5) An amount payable under this section--
25 (a) is payable in the time and manner specified
in the notice; and
(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
30 amount payable under this section, the Board may
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Alpine Resorts (Management) Act 1997
s. 13
Act No.
recover interest, at the rate for the time being
fixed 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 (Management) Act 1997
s. 14
Act No.
PART 3--ALPINE RESORTS CO-ORDINATING COUNCIL
Division 1--The Council
14. 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.
15. Council represents the Crown
In carrying out its functions and powers, the
Council acts on behalf of the Crown.
25 16. 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 (Management) Act 1997
s. 17
Act No.
17. 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.
18. 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, the overall promotion of
alpine resorts;
(c) to make recommendations to the Minister on
any matter relating to alpine resorts in
respect of which the Minister has asked for
25 recommendations;
(d) to attract investment for the improvement of
alpine resorts;
(e) to carry out any other function conferred on
the Council by or under this or any other
30 Act.
19. Powers of the Council
(1) The Council may do anything necessary or
convenient to enable it to carry out its functions.
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Alpine Resorts (Management) Act 1997
s. 20
Act No.
(2) The general powers conferred on the Council by
this section are not limited by any other powers
conferred on the Council by this Act.
(3) For the purpose of carrying out its functions the
5 Council has the power to enter into contracts
agreements or arrangements and carry them out.
20. Delegation of function of the Council
The Council may, by instrument in writing,
delegate its function under section 18(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
21. 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.
22. 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.
(2) The Governor in Council may at any time remove
a member of the Council from office.
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Alpine Resorts (Management) Act 1997
s. 23
Act No.
23. Vacancies in membership of the Council
If a member of the Council dies, resigns or is
removed from office, the Governor in Council, in
accordance with this Act, may fill the vacant
5 office.
24. Committees of the Council
For the purposes of this Act, the Council may--
(a) from its members, appoint any committees
that it considers necessary and may abolish
10 any such committee; and
(b) determine the procedure of each committee.
25. Fees and allowances of Council members
A member of the Council, other than a member
who is an officer or employee of the public
15 service, is entitled to receive the fees, travelling
and other allowances from time to time fixed by
the Minister in respect of that member.
26. Validity of decisions of the Council
(1) An act or decision of the Council is not invalid
20 merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a member; or
(b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
25 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
not invalid merely because--
(a) the occasion for the appointment had not
30 arisen; or
(b) there was a defect or irregularity in relation
to the appointment; or
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Alpine Resorts (Management) Act 1997
s. 27
Act No.
(c) the appointment had ceased to have effect.
27. Presiding at Council meetings
The person who is to preside at a meeting of the
Council is--
5 (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
Council present at the meeting.
28. Proceedings of the Council
10 (1) Subject to sub-section (2), meetings of the
Council are to be held at such times and places as
the chairperson determines.
(2) The chairperson may at any time convene a
meeting, but must do so when requested by a
15 member.
(3) A majority of the members for the time being
constitutes a quorum of the Council.
(4) A question arising at a meeting must be
determined by a majority of votes of members
20 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.
(5) The person presiding must ensure that minutes are
kept of each of its meetings.
25 (6) Subject to this section, the Council may regulate
its own proceedings.
29. Disclosure of interests of Council members
(1) A member of the Council who has a direct or
indirect pecuniary interest in a contract or other
30 matter being dealt with by the Council must
disclose the nature of that interest at a meeting of
the Council as soon as possible after becoming
aware of the interest.
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Alpine Resorts (Management) Act 1997
s. 30
Act No.
(2) A member of the Council 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,
5 must disclose that fact at a meeting of the Council
as soon as possible after becoming aware of the
potential conflict.
(3) The person presiding at a meeting at which a
disclosure under this section is made must cause
10 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 of or vote on the contract or other
15 matter to which the disclosure relates.
(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 the
20 Council
30. Corporate plan of the Council
(1) The Council must prepare a corporate plan each
year.
(2) The Council must give a copy of the proposed
25 plan to the Minister on or before 31 July in each
year, 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
30 must include--
(a) a statement of corporate intent in accordance
with section 31;
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s. 30
Act No.
(b) a business plan containing the information
required by the Minister;
(c) estimates of the receipts and expenditure of
the Council for the financial year or such
5 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
within 2 months after the plan was submitted to
the Minister.
10 (5) The Council must--
(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
15 between the Minister and the Council; 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
20 published or made available, except for the
purposes of this Part, without the prior approval of
the Council and the Minister.
(7) The plan may be modified at any time by the
Council with the agreement of the Minister.
25 (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
unless the Minister, by written notice to the
Council, directs the Council not to make it.
30 (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
matters from a statement of corporate intent, a
business plan or estimates.
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(10) Before giving the direction under sub-section (8)
or (9), the Minister must consult with the Council
as to the matters referred to in the notice.
(11) The Council must comply with a direction under
5 this section.
(12) At any particular time, the statement of corporate
intent, the business plan or the estimates for the
Council are the statement, plan and estimates last
completed, with any modifications or deletions
10 made in accordance with this Division.
31. Contents of statement of corporate intent of the
Council
A statement of corporate intent of the Council
must specify, in respect of the financial year to
15 which it relates and each of the following 2
financial years, the following information--
(a) the objectives of the Council;
(b) the main undertakings of the Council;
(c) the nature and scope of the activities to be
20 undertaken by the Council;
(d) the accounting policies to be applied in the
accounts;
(e) the performance targets and other measures
by which the performance of the Council
25 may be judged in relation to its stated
objectives;
(f) the kind of information to be provided to the
Minister by the Council during the course of
those financial years, including the
30 information to be included in each annual
report;
(g) such other matters as may be agreed on by
the Minister and the Council from time to
time.
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32. Council to notify Minister of significant affecting
events etc.
If the Council is of the opinion that matters have
arisen that may prevent or significantly affect the
5 achievement of--
(a) the objectives of the Council under the
corporate plan; or
(b) financial targets under the plan--
the Council must immediately notify the Minister
10 of its opinion and the reasons for the opinion.
33. General Account of the Council
(1) The Council must keep an account to be called the
General Account.
(2) The Council must ensure that there is paid into the
15 General Account all money received by the
Council or on the Council's behalf.
(3) The Council may pay money out of the General
Account--
(a) to meet any expenses incurred in carrying
20 out its functions or powers;
(b) in paying remuneration or expenses to which
its members or any members of its
committees are entitled;
(c) for any other purpose authorised by this Act.
25 _______________
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s. 34
Act No.
PART 4--ALPINE RESORT MANAGEMENT BOARDS
Division 1--The Boards
34. Establishment of Boards
(1) There is established, in respect of the Falls Creek
5 Alpine Resort, a board to be called the "Falls
Creek Alpine Resort Management Board".
(2) There is established, in respect of the Lake
Mountain Alpine Resort, a board to be called the
"Lake Mountain Alpine Resort Management
10 Board".
(3) There is established, in respect of the Mount Baw
Baw Alpine Resort, a board to be called the
"Mount Baw Baw Alpine Resort Management
Board".
15 (4) There is established, in respect of the Mount
Buller Alpine Resort, a board to be called the
"Mount Buller Alpine Resort Management
Board".
(5) There is established, in respect of the Mount
20 Hotham Alpine Resort, a board to be called the
"Mount Hotham Alpine Resort Management
Board".
(6) There is established, in respect of the Mount
Stirling Alpine Resort, a board to be called the
25 "Mount Stirling Alpine Resort Management
Board".
(7) Each Board established under this section--
(a) is a body corporate with perpetual
succession; and
30 (b) has a common seal; and
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(c) may sue and be sued in its corporate name;
and
(d) may acquire hold and dispose of real and
personal property; and
5 (e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(8) The common seal of each Board must be kept as
directed by the Board.
(9) All courts must take judicial notice of the imprint
10 of the common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
35. Boards represent the Crown
In carrying out its functions and powers, each
15 Board acts on behalf of the Crown.
36. Ministerial directions and guidelines
(1) The Minister may give directions or issue
guidelines to a Board on the performance,
discharge or exercise by it of its functions, duties
20 or powers.
(2) A Board must comply with a direction or
guideline under sub-section (1).
37. Constitution and membership of Boards
Each Board is to consist of not less than 3 and not
25 more than 7 members appointed by the Minister.
38. Functions of Boards
(1) The functions of each Board, in respect of the
alpine resort for which the Board is established,
are--
30 (a) to act as a committee of management of any
Crown land deemed to be permanently
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s. 38
Act No.
reserved under the Crown Land (Reserves)
Act 1978 in the resort;
(b) to contribute, together with Tourism
Victoria, established under the Tourism
5 Victoria Act 1992, and the Council, to the
overall promotion of alpine resorts;
(c) to develop a tourism and marketing strategy
for and to promote the resort and to collect
and expend voluntary contributions from
10 commercial undertakings in the resort for
this purpose;
(d) to provide services in the nature of--
(i) garbage disposal;
(ii) water supply;
15 (iii) gas;
(iv) drainage;
(v) sewerage;
(vi) electricity;
(vii) roads;
20 (viii) fire protection;
(ix) snowmaking--
in the resort and to charge contributions for
the provision of those services;
(e) to provide transport services in the resort;
25 (f) to collect fees prescribed by the regulations
for the resort;
(g) to attract investment for the improvement of
the resort in respect of which the Board is
established;
30 (h) to carry out any other function conferred on
the Board by or under this or any other Act.
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(2) A Board must perform its functions in an
environmentally sound way.
39. General powers of Boards
(1) A Board may do anything necessary or convenient
5 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
10 Board has the power to enter into contracts
agreements or arrangements and carry them out.
40. Powers of Boards under the Crown Land (Reserves)
Act 1978
For the purposes of sections 14C, 14D and 14E of
15 the Crown Land (Reserves) Act 1978 each
Board is deemed to be an incorporated committee.
41. Staff of Boards
A Board may employ any persons it considers
necessary for the purposes of this Act.
20 Division 2--Conditions of membership and procedure of
Boards
42. Terms of appointment of Board members
(1) A member of a Board holds office for the period,
not exceeding 3 years, specified in the instrument
25 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
Board may specify terms and conditions of
30 appointment.
(4) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
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s. 43
Act No.
not apply to a member in respect of the office of
member.
43. Chairpersons and deputy chairpersons of Boards
(1) The Minister, for each Board, must appoint--
5 (a) one of the members of the Board to be
chairperson; and
(b) one of the members of the Board to be
deputy chairperson.
(2) If the chairperson is absent or unable to perform
10 his or her duties as chairperson, the deputy
chairperson must act as chairperson and, while
acting as chairperson, has all the powers and
duties of the chairperson.
44. Terms of appointment of chairpersons and deputy
15 chairpersons of Boards
(1) A person appointed as chairperson or deputy
chairperson of a Board holds that office for the
period not exceeding 3 years, specified in the
instrument of his or her appointment, and is
20 eligible for re-appointment.
(2) The instrument of appointment of the chairperson
or deputy chairperson may specify terms and
conditions of appointment.
(3) A person appointed as chairperson or deputy
25 chairperson ceases to hold that office on ceasing
to be a member of the Board.
45. 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
30 addressed to the Minister.
(2) The Minister may at any time remove a member
of a Board from office.
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46. 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.
5 47. 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
10 (b) determine the procedure of each committee.
48. 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
15 allowances from time to time fixed by the
Minister in respect of that member.
49. Validity of decisions of Boards
(1) An act or decision of a Board is not invalid merely
because of--
20 (a) a defect or irregularity in, or in connection
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.
25 (2) Anything done by or in relation to a person
purporting to act as chairperson, deputy
chairperson or as a member is not invalid merely
because--
(a) the occasion for the appointment had not
30 arisen; or
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(b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment had ceased to have effect.
50. Presiding at meetings of Boards
5 The person who is to preside at a meeting of a
Board is--
(a) the chairperson, if he or she is present; or
(b) the deputy chairperson, if the chairperson is
absent; or
10 (c) if both the chairperson and the deputy
chairperson are absent, a member elected to
preside by the members of the Board present
at the meeting.
51. Proceedings of Boards
15 (1) Subject to sub-section (2), meetings of a Board
are to be held at such times and places as the
chairperson determines.
(2) The chairperson may at any time convene a
meeting, but must do so when requested by a
20 member.
(3) A majority of the members for the time being
constitutes a quorum of a Board.
(4) A question arising at a meeting must be
determined by a majority of votes of members
25 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.
(5) The person presiding must ensure that minutes are
kept of each of its meetings.
30 (6) Subject to this section, a Board may regulate its
own proceedings.
29
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s. 52
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52. 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
5 nature of that interest at a meeting of the Board as
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
10 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 Board
as soon as possible after becoming aware of the
potential conflict.
15 (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.
(4) A person who has made a disclosure under this
20 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
sub-section (4), his or her vote must be
25 disallowed.
Division 3--Corporate plans and financial matters of
Boards
53. Corporate plans of Boards
(1) Each Board must prepare a corporate plan each
30 year.
(2) Each Board must give a copy of its proposed plan
to the Minister on or before 31 July in each year,
or such other time as the Minister may specify.
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(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
5 with section 54;
(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
10 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.
15 (5) The Board must--
(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
20 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
25 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.
30 (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.
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(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
5 business plan or estimates.
(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
10 this section.
(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
15 made in accordance with this Division.
54. 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
20 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;
25 (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;
30 (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;
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s. 55
Act No.
(g) such other matters as may be agreed on by
the Minister and the Board from time to
time.
55. Boards to notify Minister of significant affecting
5 events etc.
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
10 corporate plan; or
(b) financial targets under the plan--
the Board must immediately notify the Minister of
its opinion and the reasons for the opinion.
56. General Accounts of Boards
15 (1) Each Board must keep an account to be called the
General Account.
(2) Each Board must ensure that there is paid into its
General Account--
(a) all fees and contributions received or
20 recovered by the Board under this Act; and
(b) all other money received by the Board or on
the Board's behalf.
(3) The Board may pay money out of its 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 or interest on that money;
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s. 56
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.
_______________
34
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Alpine Resorts (Management) Act 1997
s. 57
Act No.
PART 5--MISCELLANEOUS
57. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) the protection, management and control of
alpine resorts;
(b) prohibiting or regulating the entry into alpine
resorts or parts of alpine resorts by persons,
vehicles or vessels and the landing in resorts
10 of helicopters or other aircraft and
prescribing the periods during which
persons, vehicles, vessels, helicopters or
other aircraft may remain in alpine resorts;
(c) prohibiting or regulating the places in alpine
15 resorts in which vehicles may be parked or
left standing and the period during which
they may be so parked or left standing;
(d) setting aside areas in alpine resorts for public
use and--
20 (i) prohibiting or regulating the nature of
the use of any such area;
(ii) prescribing measures to be taken for the
safety of persons using any such area;
(e) prohibiting or regulating the bringing into or
25 having or using firearms or other offensive
weapons in alpine resorts;
(f) prohibiting or regulating the conduct of any
events, sports, games or other similar
activities in alpine resorts;
30 (g) prohibiting or regulating persons bringing
animals into alpine resorts or keeping or
having animals in alpine resorts;
35
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s. 57
Act No.
(h) regulating the installation, operation and use
of ski lifts in alpine resorts;
(i) prohibiting or regulating camping and the
lighting of fires in alpine resorts and fixing
5 fees for such camping;
(j) fixing fees for entry by--
(i) persons or classes of persons; or
(ii) vehicles (including helicopters and
aircraft) or classes of such vehicles--
10 to alpine resorts and providing for
exemptions from the payment of fees;
(k) fixing fees for parking vehicles in alpine
resorts, whether as annual fees or in respect
of any other shorter period;
15 (l) fixing fees for transport provided by a Board
within an alpine resort;
(m) fixing fees for access to or for the use of any
area set aside by or under the regulations for
public use;
20 (n) the carriage and fixing of wheel chains in
alpine resorts;
(o) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
25 this Act.
(2) The regulations made under this Act may--
(a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstances; and
30 (c) confer discretions or powers or impose
duties on any specified person or specified
class of persons; and
36
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s. 57
Act No.
(d) impose specific minimum or maximum fees
and provide for the waiver or reduction of
fees; and
(e) impose penalties, not exceeding 20 penalty
5 units, for contravention of the regulations.
_______________
37
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s. 58
Act No.
PART 6--TRANSITIONAL ARRANGEMENTS AND
AMENDMENTS OF OTHER ACTS
Division 1--Repeals and transitional provisions
58. Definition
5 In this Part--
"Commission" means the Alpine Resorts
Commission established under the Alpine
Resorts Act 1983.
59. Transitional arrangements for Commission
10 (1) On the commencement of section 69 the
Commission is abolished and its members and the
Chief Executive Officer go out of office.
(2) On and from the commencement of section 69--
(a) the Council is the successor in law of the
15 Commission for the purposes of any matter
other than a matter relating to an alpine
resort in respect of which a Board has been
established; and
(b) all rights, assets, liabilities and obligations of
20 the Commission immediately before its
abolition, which do not relate to an alpine
resort in respect of which a Board has been
established, become rights, assets, liabilities
and obligations of the Council; and
25 (c) the Council is substituted for the
Commission as a party in any proceedings,
contract, agreement, or arrangement,
commenced or made by against or in relation
to the Commission, being a proceedings,
30 contract, agreement or arrangement which
does not relate to an alpine resort in respect
of which a Board has been established; and
38
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s. 59
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(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
5 does not relate to an alpine resort in respect
of which a Board has been established.
(3) On and from the commencement of section 69--
(a) the Board is the successor in law of the
Commission for the purposes of any matter
10 which relates to the alpine resort in respect
of which the Board has been established; and
(b) all rights, assets, liabilities and obligations of
the Commission immediately before its
abolition, which relate to that alpine resort,
15 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,
agreement, or arrangement, commenced or
20 made by against or in relation to the
Commission, being a proceedings, contract
agreement or arrangement which relates to
that alpine resort; and
(d) the Board may continue and complete any
25 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.
(4) The Minister may determine any dispute or
30 question about anything done or proposed to be
done under this section, if the dispute or question
arises between--
(a) the Council and a Board; or
(b) between Boards.
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s. 60
Act No.
(5) The persons between whom a dispute or question
arose are bound by the determination.
60. Minister to determine staff to be transferred
The Minister must designate in writing the
5 officers and employees of the public service who
are employed in the Commission who are to
become officers and employees under section 61
of a Board of an alpine resort.
61. Transfer of staff
10 (1) On and from the commencement of section 69, an
officer or employee designated under section 60--
(a) is deemed to be an employee of the Board of
an alpine resort as specified in the
designation; and
15 (b) is employed on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to that
person immediately before that
commencement as an officer or employee of
20 the public service.
(2) If sub-section (1) applies to a person--
(a) the service of the person as an employee of a
Board is to be regarded for all purposes as
having been continuous with the service of
25 the person with the public service; and
(b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an officer or employee
of the public service.
30 (3) If a person who becomes an employee of a Board
under this section was, immediately before the
commencement of section 69, an officer within
the meaning of the State Superannuation Act
1988 or a corresponding previous enactment, he
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s. 62
Act No.
or she continues, subject to that Act, to be an
officer within the meaning of that Act while he or
she is an officer or employee of the Board.
62. Land to be excised from Mount Buller Alpine Resort
5 On and from the commencement of section 69 the
land shown hatched on the plan lodged in the
Central Plan Office and numbered LEGL./97-283
ceases to be part of the Mount Buller Alpine
Resort and becomes part of the Mount Stirling
10 Alpine Resort.
63. Land to be excised from Alpine National Park
On and from the commencement of section 73 the
land shown hatched on the plan lodged in the
Central Plan Office and numbered A.R.A.2/1
15 ceases to be national park.
64. Continuation of alpine and bush grazing licences
(1) Despite the commencement of section 63, the
licences granted by the Minister under section
32AD of the National Parks Act 1975 over part
20 of the hatched land and numbered 11/7624 and
11/7633 continue in force and each licence may
be dealt with in accordance with the terms of the
licence.
(2) In this section, "hatched land" means the land
25 shown hatched on the plan lodged in the Central
Plan Office and numbered A.R.A.2/1.
65. Alpine and bush grazing licences to be subject to the
agreement
The licences referred to in section 64 continue in
30 force and may be dealt with subject to the
agreement on provisions for alpine and bush
grazing licences endorsed by the Minister
responsible for the National Parks Act 1975 on
25 May 1989.
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s. 66
Act No.
Division 2--Amendment of other Acts
66. Amendment of section 2 of the Alpine Resorts Act
1983--definitions
In section 2 of the Alpine Resorts Act 1983, the
5 definitions of "chairman", "chief executive
officer", "Commission", "Council", "member",
"prescribed" and "regulation" are repealed.
67. Amendment of section 21 of the Alpine Resorts Act
1983--application of Planning and Environment Act
10 1987
In section 21(1) of the Alpine Resorts Act 1983,
omit "but section 46 of the Planning and
Environment Act 1987 does not apply to any
land so declared".
15 68. Insertion of new sections 22, 23 and 24 in the Alpine
Resorts Act 1983
After section 21 of the Alpine Resorts Act 1983
insert--
'22. Construction of reference
20 On and from the commencement of section
73 of the Alpine Resorts (Management)
Act 1997, in the Order in Council made
under this Act on 16 April 1985 and
published in the Government Gazette on 17
25 April 1985, a reference to 'the plan numbered
ARA No. 2 and entitled "Falls Creek Alpine
Resort" lodged in the Central Plan Office of
the Division of Survey and Mapping,
Department of Conservation, Forests and
30 Lands, Melbourne on 25 March 1985' is to
be construed as a reference to "the plan
numbered A.R.A.2/1 lodged in the Central
Plan Office of the Department of Natural
Resources and Environment".
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Alpine Resorts (Management) Act 1997
s. 69
Act No.
23. Roads not part of reservations
On the commencement of this section,
section 21 ceases to apply to the land
comprised in--
5 (a) that part of the Great Alpine Road
(Alpine Tourist Road) which is within
the Mount Hotham Alpine Resort;
(b) that part of the Mount Buller Tourist
Road which is within the Mount Buller
10 Alpine Resort;
(c) that part of the Bogong High Plains
Tourist Road which is within the Falls
Creek Alpine Resort;
(d) that part of the Lake Mountain Tourist
15 Road which is within the Lake
Mountain Alpine Resort--
and the land becomes unalienated land of the
Crown.
24. Land deemed not to be part of municipal
20 district
Despite the Local Government Act 1989,
any land which is in an alpine resort is
deemed not to be part of any municipal
district within the meaning of the Local
25 Government Act 1989 and may not be
added to a municipal district by an Order
made under that Act.'.
69. Amendment of Alpine Resorts Act 1983--repeal of
Parts
30 Parts II, III, IVA, V, VI and VII, and Parts B and
C of the Schedule are repealed.
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Alpine Resorts (Management) Act 1997
s. 70
Act No.
70. Amendment of the Building Act 1993
(1) In section 192(1) of the Building Act 1993, for
sub-section (1) substitute--
"(1) The Minister, after consulting with the
5 councils concerned, may declare that the
administration and enforcement of Parts 3, 4,
5, 7 and 8 and the building regulations in an
alpine resort (within the meaning of the
Alpine Resorts Act 1983) is to be carried
10 out by the Board (within the meaning of the
Alpine Resorts (Management) Act 1997.".
(2) In section 192(3) of the Building Act 1993--
(a) for paragraph (a) substitute--
"(a) any reference to a council were a
15 reference to the Board of the resort;
and";
(b) in paragraph (b), for "the Alpine Resorts
Commission" substitute "the Board of the
resort".
20 71. Amendment of the Conservation, Forests and Lands
Act 1987
In Schedule 1 to the Conservation, Forests and
Lands Act 1987, before "Catchment and Land
Protection Act 1994" insert--
25 "Alpine Resorts Act 1983
Alpine Resorts (Management) Act 1997".
72. Amendment of the Forests Act 1958
(1) In section 62(1A) of the Forests Act 1958, for
paragraph (e) substitute--
30 "(e) the land is under the control and
management of an Alpine Resort
Management Board within the meaning of
the Alpine Resorts (Management) Act
44
531265B.I1-28/10/97
Alpine Resorts (Management) Act 1997
s. 73
Act No.
1997 or is under the control and management
of the Alpine Resorts Co-ordinating Council
within the meaning of that Act, the land shall
be deemed to be protected public land for so
5 long as a Board or the Council manages the
land; or".
(2) In section 62 of the Forests Act 1958, sub-section
(1B) is repealed.
73. Amendment of the National Parks Act 1975
10 In Part 37 of Schedule Two to the National Parks
Act 1975--
(a) for "645 900 hectares" substitute "645 615
hectares"; and
(b) after "N.P.70/1g" insert "also excepting
15 therefrom the area shown hatched on the
plan lodged in the Central Plan Office and
numbered A.R.A.2/1".
74. Amendment of the Planning Appeals Act 1980
In the Schedule to the Planning Appeals Act
20 1980 omit "Alpine Resorts Act 1983".
75. Amendment of the Planning and Environment Act
1987
(1) Section 8(4) of the Planning and Environment
Act 1987 is repealed.
25 (2) Section 96(8) of the Planning and Environment
Act 1987 is repealed.
(3) Section 188(1)(c) of the Planning and
Environment Act 1987 is repealed.
30
45
531265B.I1-28/10/97
Alpine Resorts (Management) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
46
531265B.I1-28/10/97
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