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ALPINE RESORTS (MANAGEMENT) BILL 1997

                 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 ii 531265B.I1-28/10/97

 


 

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 iii 531265B.I1-28/10/97

 


 

Clause Page THIS PAGE IS TO BE MASKED iv 531265B.I1-28/10/97

 


 

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 1 531265B.I1-28/10/97

 


 

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; 2 531265B.I1-28/10/97

 


 

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; 3 531265B.I1-28/10/97

 


 

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 4 531265B.I1-28/10/97

 


 

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-- 5 531265B.I1-28/10/97

 


 

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. _______________ 6 531265B.I1-28/10/97

 


 

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. 7 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 9 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. 8 531265B.I1-28/10/97

 


 

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 9 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 10 531265B.I1-28/10/97

 


 

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-- 11 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 13 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 12 531265B.I1-28/10/97

 


 

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 _______________ 13 531265B.I1-28/10/97

 


 

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. 14 531265B.I1-28/10/97

 


 

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. 15 531265B.I1-28/10/97

 


 

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. 16 531265B.I1-28/10/97

 


 

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 17 531265B.I1-28/10/97

 


 

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. 18 531265B.I1-28/10/97

 


 

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; 19 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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. 20 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 31 Act No. (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. 21 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 32 Act No. 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 _______________ 22 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 23 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 35 Act No. (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 24 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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. 25 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 39 Act No. (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 26 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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. 27 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 46 Act No. 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 28 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 50 Act No. (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 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 52 Act No. 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. 30 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 53 Act No. (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. 31 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 54 Act No. (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; 32 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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; 33 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 531265B.I1-28/10/97

 


 

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 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 s. 59 Act No. (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. 39 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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 40 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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. 41 531265B.I1-28/10/97

 


 

Alpine Resorts (Management) Act 1997 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". 42 531265B.I1-28/10/97

 


 

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. 43 531265B.I1-28/10/97

 


 

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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