Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Alpine Resorts (Management) (Amendment) Act
2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--GENERAL AMENDMENTS TO THE ALPINE
RESORTS (MANAGEMENT) ACT 1997 3
3. Insertion of new section 1A 3
1A. Object 3
4. Definitions 4
5. Contributions 4
6. Membership of the Council 4
7. Functions of the Council 5
8. Insertion of new Division 4 in Part 3 5
Division 4--Alpine Resorts Strategic Plan 5
33A. Preparation of Alpine Resorts Strategic Plan 5
33B. Contents of Plan 6
33C. Consideration of Plan by Minister 6
33D. Notice of endorsed Plan 7
33E. Tabling of copy of endorsed Plan 7
33F. Review of Plan 7
33G. Consideration by the Minister of review of Plan 9
33H. Land managers and other Authorities to take Plan into
account 10
9. Ministerial directions 10
10. Functions of Boards 11
11. Insertion of new Division 4 in Part 4 12
Division 4--Strategic Management Plans for Alpine
Resorts 12
56A. Preparation of Strategic Management Plans 12
56B. Contents of Strategic Management Plan 13
56C. Preparing the Strategic Management Plan 13
i
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Clause Page
56D. Consideration of Strategic Management Plan by
Minister 14
56E. Notice of endorsed Strategic Management Plan 15
56F. Review of Strategic Management Plan 16
56G. Consideration by the Minister of review of Strategic
Victorian Legislation Parliamentary Documents
Management Plan 17
56H. Land managers and other Authorities to take Strategic
Management Plan into account 18
12. Regulation making powers 19
PART 3--PROVISION FOR THE MOUNT BULLER AND
MOUNT STIRLING ALPINE RESORT MANAGEMENT BOARD 20
13. Board deemed to be committee of management 20
14. Establishment of the Mount Buller and Mount Stirling Alpine
Resort Management Board 20
15. Functions of Boards 20
16. Substitution of Division 2 of Part 6 21
Division 2--Transitional Arrangements for Mount Buller
Alpine Resort Management Board 21
66. Definitions 21
67. Transfer of property etc. from old Board to new Board 21
68. Staff to be transferred from the old Board to the new
Board 22
Division 3--Transitional Arrangements for Mount Stirling
Alpine Resort Management Board 25
69. Definitions 25
70. Transfer of property etc. from old Board to new Board 25
71. Staff to be transferred from the old Board to the new
Board 26
ENDNOTES 29
ii
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Alpine Resorts (Management) Act 1997 and for other
purposes.
Alpine Resorts (Management)
(Amendment) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Alpine
Resorts (Management) Act 1997--
(a) to make provision in relation to an object for
5
the Act and to make further provision in
relation to the functions of the Alpine
1
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 1--Preliminary
s. 2
Resorts Co-ordinating Council and the
Alpine Resort Management Boards;
(b) to provide for strategic planning for alpine
resorts;
Victorian Legislation Parliamentary Documents
(c) to provide for the amalgamation of certain
5
Alpine Resort Management Boards;
(d) to make other minor provisions in relation to
the Act.
2. Commencement
(1) This Act, other than Part 3, comes into operation
10
on the day after the day on which it receives the
Royal Assent.
(2) Part 3 comes into operation on a day or days to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
15
not come into operation before 1 February 2005, it
comes into operation on that day.
__________________
2
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 3
See:
PART 2--GENERAL AMENDMENTS TO THE ALPINE
Act No.
RESORTS (MANAGEMENT) ACT 1997 89/1997.
Reprint No. 1
as at
Victorian Legislation Parliamentary Documents
3. Insertion of new section 1A 15 December
1998
After section 1 of the Alpine Resorts and
(Management) Act 1997 insert--
5 amending
Act Nos
"1A. Object 49/2000,
50/2000 and
69/2000.
The object of this Act is to make provision in LawToday:
respect of alpine resorts-- www.dms.
dpc.vic.
(a) for the development, promotion, gov.au
management and use of the resorts on a
10
sustainable basis and in a manner that is
compatible with the alpine
environment, having regard to--
(i) environmental and ecological
considerations, in particular,
15
climate change; and
(ii) economic considerations; and
(iii) cultural heritage considerations, in
particular, Indigenous cultural
heritage considerations; and
20
(b) for the use of the resorts--
(i) primarily for alpine recreation and
tourism; and
(ii) in all seasons of the year; and
(iii) by persons from varied cultural
25
and economic groups.".
3
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 4
4. Definitions
In section 3 of the Alpine Resorts (Management)
Act 1997--
Victorian Legislation Parliamentary Documents
(a) insert the following definitions--
' "Alpine Resorts Strategic Plan" means
5
the Alpine Resorts Strategic Plan
endorsed under Division 4 of Part 3;
"ski lift" means any mechanism (not being a
vehicle) provided for the transport of
persons up and between ski slopes;
10
"Strategic Management Plan" means a
Strategic Management Plan endorsed
under Division 4 of Part 4;';
(b) in the definition of "Central Plan Office", for
"Department of Natural Resources and
15
Environment" substitute "Department of
Sustainability and Environment".
5. Contributions
In section 13(1) of the Alpine Resorts
(Management) Act 1997--
20
(a) for "in the resort" substitute "for the resort";
(b) for "snowmaking." substitute
"snowmaking;";
(c) at the end of the sub-section insert--
"(j) transport.".
25
6. Membership of the Council
In section 17(c) of the Alpine Resorts
(Management) Act 1997, for "3" substitute "4".
4
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 7
7. Functions of the Council
Before section 18(a) of the Alpine Resorts
(Management) Act 1997 insert--
Victorian Legislation Parliamentary Documents
"(aa) to plan for and facilitate the establishment,
development, promotion, management and
5
use of alpine resorts in accordance with the
object of this Act;
(ab) to undertake research into alpine resort
issues;
(ac) to liaise with and encourage the co-operation
10
of all State and local government authorities,
industries, communities and other persons
involved in the development, promotion,
management and use of alpine resorts;
(ad) to review and co-ordinate the
15
implementation of the Alpine Resorts
Strategic Plan;
(ae) to monitor the development and
implementation of Strategic Management
Plans for each alpine resort;".
20
8. Insertion of new Division 4 in Part 3
After section 33 of the Alpine Resorts
(Management) Act 1997 insert--
"Division 4--Alpine Resorts Strategic Plan
33A. Preparation of Alpine Resorts Strategic
25
Plan
The Minister must cause an Alpine Resorts
Strategic Plan to be prepared.
5
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 8
33B. Contents of Plan
(1) The Alpine Resorts Strategic Plan must set
out--
Victorian Legislation Parliamentary Documents
(a) the strategic objectives that are to be
achieved in relation to alpine resorts;
5
and
(b) the main directions and principles that
are to be followed to achieve the
objectives; and
(c) the strategic actions that may be taken
10
to implement the Plan.
(2) The Alpine Resorts Strategic Plan must be--
(a) consistent with, and seek to achieve, the
object of this Act; and
(b) consistent with the purposes for which
15
any land in each alpine resort that is
reserved or deemed to be reserved
under the Crown Land (Reserves) Act
1978 is so reserved.
33C. Consideration of Plan by Minister
20
(1) The Minister must consider the Plan
prepared under section 33A for the purpose
of determining whether or not the Plan
complies with section 33B and may--
(a) endorse the Plan if he or she is of the
25
opinion that it does so; or
(b) require the Plan to be amended to
ensure that it complies with section
33B, before endorsing the Plan.
(2) The Minister may include in the Plan
30
endorsed under sub-section (1)(a) or (b) any
Government proposals for implementation of
the Plan.
6
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 8
33D. Notice of endorsed Plan
(1) The Minister must cause notice of the
endorsement of the Alpine Resorts Strategic
Plan to be published in the Government
Victorian Legislation Parliamentary Documents
Gazette as soon as practicable after it is
5
endorsed under section 33C.
(2) The Plan comes into operation on the date
that notice is published in the Government
Gazette or on any later day stated in the Plan.
33E. Tabling of copy of endorsed Plan
10
On the Minister endorsing the Alpine
Resorts Strategic Plan under section 33C, the
Minister must cause a copy of the endorsed
Plan to be laid before each House of
Parliament within 7 sitting days after notice
15
of that endorsement is published in the
Government Gazette.
33F. Review of Plan
(1) The Council must review the Alpine Resorts
Strategic Plan--
20
(a) at any time at the direction of the
Minister; or
(b) if no direction is given, at the end of
5 years following--
(i) the endorsement of the Plan; or
25
(ii) the completion of the last review
of the Plan, being, if the Plan has
been amended, the endorsement of
the Plan as amended, or, if the
Plan has not been amended, the
30
endorsement of the decision by
the Minister under section
33G(1)(b)(i) not to amend the
Plan.
7
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 8
(2) The Council may review the Plan at any time
with the approval of the Minister.
(3) In reviewing the Plan, the Council must
consult with--
Victorian Legislation Parliamentary Documents
(a) each Board; and
5
(b) any Minister or public authority whose
interests the Council considers are
likely to be affected by the review; and
(c) the municipal council of any municipal
district which is adjacent to an alpine
10
resort; and
(d) the holders of leases over land in an
alpine resort or of licences to use land
in an alpine resort; and
(e) any other persons or local organisations
15
whose interests the Council considers
are likely to be affected by the review.
(4) The Council may comply with sub-section
(3)(c), (d) and (e) by--
(a) if the Plan is proposed to be amended,
20
making the Plan as proposed to be
amended available for inspection by the
public for at least 4 weeks; and
(b) publishing a notice in a newspaper
circulating generally in the areas
25
affected by the Plan, stating where and
when the Plan as proposed to be
amended can be inspected, and inviting
public comment on the Plan by a set
date; and
30
(c) considering any comments made by the
set date; and
(d) making any appropriate changes to the
Plan as proposed to be amended.
8
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 8
(5) The Council may take any other steps it
thinks appropriate to involve the community
in the preparation of the Plan.
(6) On completing the review of the Plan, the
Victorian Legislation Parliamentary Documents
Council must refer its decision on the review
5
of the Plan, to the Minister for consideration.
33G. Consideration by the Minister of review of
Plan
(1) The Minister must consider the decision of
the Council referred to the Minister under
10
section 33F(6) and may--
(a) if the Council has proposed to amend
the Plan--
(i) endorse the Plan as proposed to be
amended; or
15
(ii) endorse the Plan with any further
amendments the Minister
considers appropriate; or
(iii) refer the Plan back to the Council
for further consideration; or
20
(b) if the Council has not proposed to
amend the Plan--
(i) endorse the Council's decision not
to amend the Plan; or
(ii) endorse the Plan with any further
25
amendments the Minister
considers appropriate; or
(iii) require the Council to further
consider the Plan.
9
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 9
(2) If the Minister has endorsed a Plan, as
proposed to be amended under sub-section
(1), sections 33D and 33E apply to the Plan
as proposed to be amended in the same way
Victorian Legislation Parliamentary Documents
as they apply to the Plan prepared under
5
section 33A.
(3) If the Minister has decided to endorse the
Council's decision not to amend the Plan
under sub-section (1)(b), the Minister must
inform the Council, in writing of that
10
decision, as soon as possible after making it.
33H. Land managers and other Authorities to
take Plan into account
In carrying out a function involving land
management or land use planning--
15
(a) on behalf of the Crown; or
(b) under an Act--
a Board, Minister, public authority,
committee of management of reserved
Crown land or municipal council must take
20
all reasonable steps to give effect to the
Alpine Resorts Strategic Plan.".
9. Ministerial directions
(1) After section 36(1) of the Alpine Resorts
(Management) Act 1997 insert--
25
"(1A) The Minister may direct a Board of an alpine
resort to expend or apply revenue of the
Board for any purpose (whether or not
related to an alpine resort for which the
Board is established) being a purpose that is
30
not inconsistent with the object of this Act.".
(2) In section 36(2) of the Alpine Resorts
(Management) Act 1997, after "sub-section (1)"
insert "or (1A)".
10
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 10
10. Functions of Boards
(1) In section 38(1) of the Alpine Resorts
(Management) Act 1997--
Victorian Legislation Parliamentary Documents
(a) before paragraph (a) insert--
"(aa) to plan for the development, promotion,
5
management and use, of each such
alpine resort in accordance with the
object of this Act;
(ab) to--
(i) develop and promote; or
10
(ii) facilitate the development or
promotion by others of--
the use of each such alpine resort in
accordance with the object of this Act;
(ac) to manage each such alpine resort in
15
accordance with the object of this Act;
(ad) to contribute to the development of the
Alpine Resorts Strategic Plan and other
strategic planning for alpine resorts as a
whole;
20
(ae) to undertake research into alpine resort
issues;
(af) to contribute to and support the
operation of the Council;
(ag) to prepare and implement a Strategic
25
Management Plan for each such resort;
(ah) to expend or apply revenue of the
Board in accordance with a direction of
the Minister under section 36(1A);";
11
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(b) in paragraph (d)--
(i) for sub-paragraph (ix) substitute--
"(ix) snowmaking;
Victorian Legislation Parliamentary Documents
(x) transport--";
(ii) for "in the resort" substitute "for the
5
resort";
(c) paragraph (e) is repealed.
(2) At the end of section 38 of the Alpine Resorts
(Management) Act 1997 insert--
"(3) In relation to Mount Stirling Alpine Resort,
10
the Mount Stirling Alpine Resort
Management Board must exercise its
functions under sub-section (1) subject to the
following principles--
(a) that the resort must be planned for,
15
developed, promoted and managed as a
nature based tourist, recreational and
educational resource for all seasons of
the year; and
(b) that there are not to be any ski lifts in
20
the resort.".
11. Insertion of new Division 4 in Part 4
After Division 3 of Part 4 of the Alpine Resorts
(Management) Act 1997 insert--
"Division 4--Strategic Management Plans for
25
Alpine Resorts
56A. Preparation of Strategic Management
Plans
As soon as practicable after the
commencement of this section, the Board of
30
an alpine resort must commence to prepare a
Strategic Management Plan for the resort.
12
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
56B. Contents of Strategic Management Plan
(1) The Strategic Management Plan for an alpine
resort--
Victorian Legislation Parliamentary Documents
(a) must identify strategic objectives and
directions for the promotion,
5
management, use and development of
the resort; and
(b) must provide long term planning of the
resort that--
(i) gives clear direction for the future
10
promotion, management, use and
development of the resort in a
manner that is consistent with the
object of this Act; and
(ii) ensures that the natural resources
15
of the resort are used in a manner
that is consistent with the object
of this Act.
(2) The Strategic Management Plan for an alpine
resort must be consistent with--
20
(a) the Alpine Resorts Strategic Plan; and
(b) the purposes for which any land in the
resort that is reserved or deemed to be
reserved under the Crown Land
(Reserves) Act 1978 is so reserved.
25
56C. Preparing the Strategic Management Plan
(1) In preparing the Strategic Management Plan
for an alpine resort, the Board must consult
with--
(a) the Council; and
30
(b) any Minister or public authority whose
interests the Board considers are likely
to be affected by the Plan; and
13
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(c) the municipal council of any municipal
district that is adjacent to the alpine
resort; and
(d) the holders of leases over land in the
Victorian Legislation Parliamentary Documents
alpine resort or of licences to use land
5
in the alpine resort; and
(e) any other persons or local organisations
whose interests the Board considers are
likely to be affected by the Plan.
(2) The Board may comply with sub-section
10
(1)(c), (d) and (e) by--
(a) making the proposed Plan available for
inspection by the public for at least
4 weeks; and
(b) publishing a notice in a newspaper
15
circulating generally in the areas
affected by the Plan, stating where and
when the proposed Plan can be
inspected, and inviting public comment
by a set date; and
20
(c) considering any comments made by the
set date; and
(d) making any appropriate changes to the
proposed Plan.
(3) The Board may take any other steps it thinks
25
appropriate to involve the community in the
preparation of the Plan.
56D. Consideration of Strategic Management
Plan by Minister
(1) On completing the preparation of the
30
Strategic Management Plan, the Board of an
alpine resort must refer the Plan to the
Minister for consideration.
14
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(2) The Board of an alpine resort must ensure
that the preparation of the Strategic
Management Plan for the alpine resort is
completed within 2 years of the
Victorian Legislation Parliamentary Documents
commencement of section 11 of the Alpine
5
Resorts (Management) (Amendment) Act
2004, or, with the prior approval of the
Minister, at a later date.
(3) The Minister must consider a Plan referred to
him or her under sub-section (1) and may--
10
(a) endorse the Plan; or
(b) endorse the Plan with any amendments
the Minister considers appropriate; or
(c) refer the Plan back to the Board for
further consideration.
15
(4) The Minister may include in the Plan
endorsed under sub-section (3)(a) or (b) any
Government proposals for implementation of
the Plan.
56E. Notice of endorsed Strategic Management
20
Plan
(1) The Minister must cause notice of the
endorsement of the Strategic Management
Plan for an alpine resort to be published in
the Government Gazette as soon as
25
practicable after it is endorsed under
section 56D.
(2) The Plan comes into operation on the date
that notice is published in the Government
Gazette or on any later day stated in the Plan.
30
15
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
56F. Review of Strategic Management Plan
(1) The Board of an alpine resort must review
the Strategic Management Plan for the alpine
resort--
Victorian Legislation Parliamentary Documents
(a) at any time at the direction of the
5
Minister; or
(b) if no direction is given, at the end of
5 years following--
(i) the endorsement of the Plan; or
(ii) the completion of the last review
10
of the Plan, being, if the Plan has
been amended the endorsement of
the Plan as amended, or, if the
Plan has not been amended, the
endorsement of the decision by
15
the Minister under section
56G(1)(b)(i) not to amend the
Plan.
(2) The Board of an alpine resort may review the
Strategic Management Plan for the resort at
20
any time with the approval of the Minister.
(3) In reviewing the Strategic Management Plan,
the Board must consult with--
(a) the Council; and
(b) any Minister or public authority whose
25
interests the Board considers are likely
to be affected by the review; and
(c) the municipal council of any municipal
district which is adjacent to the alpine
resort; and
30
(d) the holders of leases over land in the
alpine resort or of licences to use land
in the alpine resort; and
16
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(e) any other persons or local organisations
whose interests the Board considers are
likely to be affected by the review.
(4) The Board may comply with sub-section
Victorian Legislation Parliamentary Documents
(3)(c), (d) and (e) by--
5
(a) if the Plan is proposed to be amended,
making the Plan, as proposed to be
amended, available for inspection by
the public for at least 4 weeks; and
(b) publishing a notice in a newspaper
10
circulating generally in the areas
affected by the Plan, stating where and
when the Plan as proposed to be
amended can be inspected, and inviting
public comment on the Plan by a set
15
date; and
(c) considering any comments made by the
set date; and
(d) making any appropriate changes to the
Plan as proposed to be amended.
20
(5) The Board may take any other steps it thinks
appropriate to involve the community in the
preparation of the Plan.
(6) On completing the review of the Plan, the
Board must refer its decision on the review
25
to the Minister for consideration.
56G. Consideration by the Minister of review of
Strategic Management Plan
(1) The Minister must consider the decision of
the Board referred to the Minister under
30
section 56F(6) and may--
(a) if the Board has proposed to amend the
Plan--
17
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(i) endorse the Plan as proposed to be
amended; or
(ii) endorse the Plan with any further
amendments the Minister
Victorian Legislation Parliamentary Documents
considers appropriate; or
5
(iii) refer the Plan back to the Board
for further consideration; or
(b) if the Board has not proposed to amend
the Plan--
(i) endorse the Board's decision not
10
to amend the Plan; or
(ii) endorse the Plan with any further
amendments the Minister
considers appropriate; or
(iii) require the Board to further
15
consider the Plan.
(2) If the Minister has endorsed a Plan, as
proposed to be amended under sub-section
(1), section 56E applies to the Plan as
proposed to be amended in the same way as
20
it applies to the Plan prepared under
section 56A.
(3) If the Minister has decided to endorse the
Board's decision not to amend the Plan under
sub-section (1)(b), the Minister must inform
25
the Board, in writing of that decision, as
soon as possible after making it.
56H. Land managers and other Authorities to
take Strategic Management Plan into
account
30
In carrying out a function involving land
management or land use planning--
(a) on behalf of the Crown; or
18
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 2--General Amendments to the Alpine Resorts (Management) Act 1997
s. 12
(b) under an Act--
a Minister, public authority, committee of
management of reserved Crown land,
municipal council or the Council must take
Victorian Legislation Parliamentary Documents
all reasonable steps to give effect to the
5
Strategic Management Plan for an alpine
resort.".
12. Regulation making powers
After section 57(1)(n) of the Alpine Resorts
(Management) Act 1997 insert--
10
"(na) the removal of vehicles (by means of lifting
and carrying, or towing) that obstruct--
(i) roads in any resort; or
(ii) rights of way in any resort; or
(iii) any other places in any resort that are
15
open to access, by vehicle, by the
public or employees or agents of a
Board--
to any other part of the resort, including--
(iv) the empowering of authorised officers
20
to so remove vehicles or cause vehicles
to be so removed; and
(v) the impounding of vehicles so removed
until the payment of fees prescribed
under this paragraph; and
25
(vi) the prescribing of fees to be paid,
representing the reasonable costs of any
such removal and any such impounding
of vehicles;".
__________________
19
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 13
Management Board
PART 3--PROVISION FOR THE MOUNT BULLER AND
MOUNT STIRLING ALPINE RESORT MANAGEMENT
BOARD
Victorian Legislation Parliamentary Documents
13. Board deemed to be committee of management
(1) In section 4(4) of the Alpine Resorts
5
(Management) Act 1997, for "Mount Buller
Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort
Management Board".
(2) In section 4(6) of the Alpine Resorts
10
(Management) Act 1997, for "Mount Stirling
Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort
Management Board".
14. Establishment of the Mount Buller and Mount
15
Stirling Alpine Resort Management Board
(1) For section 34(4) of the Alpine Resorts
(Management) Act 1997 substitute--
'(4) There is established, in respect of the Mount
Buller Alpine Resort and the Mount Stirling
20
Alpine Resort, a board to be called the
"Mount Buller and Mount Stirling Alpine
Resort Management Board".'.
(2) Section 34(6) of the Alpine Resorts
(Management) Act 1997 is repealed.
25
15. Functions of Boards
(1) In section 38(1) of the Alpine Resorts
(Management) Act 1997--
(a) for "the alpine resort" substitute "each
alpine resort";
30
(b) in paragraphs (a), (c), (d), (f) and (g), for
"the resort" (wherever occurring) substitute
"each such alpine resort".
20
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(2) In section 38(3) of the Alpine Resorts
(Management) Act 1997, for "Mount Stirling
Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort
Victorian Legislation Parliamentary Documents
Management Board".
5
16. Substitution of Division 2 of Part 6
For Division 2 of Part 6 of the Alpine Resorts
(Management) Act 1997 substitute--
'Division 2--Transitional Arrangements for
Mount Buller Alpine Resort Management
10
Board
66. Definitions
In this Division--
"commencement day" means the day on
which Part 3 of the Alpine Resorts
15
(Management) (Amendment) Act
2004 comes into operation;
"old Board" means the Mount Buller
Alpine Resort Management Board,
within the meaning of this Act, as in
20
force immediately before the
commencement day;
"new Board" means the Mount Buller and
Mount Stirling Alpine Resort
Management Board, within the
25
meaning of this Act, as in force on and
from the commencement day.
67. Transfer of property etc. from old Board
to new Board
Except as otherwise provided in this Act, on
30
and from the commencement day--
(a) the old Board is abolished and the
members go out of office; and
21
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(b) all rights, property and assets that,
immediately before the commencement
day were vested in the old Board, vest
in the new Board; and
Victorian Legislation Parliamentary Documents
(c) all debts, liabilities and obligations of
5
the old Board existing immediately
before the commencement day, become
debts, liabilities and obligations of the
new Board; and
(d) the new Board is substituted as a party
10
to any proceedings pending in any court
or tribunal to which the old Board was
a party, immediately before the
commencement day; and
(e) the new Board is substituted as a party
15
to any contract or arrangement entered
into by or on behalf of the old Board
and in force immediately before the
commencement day; and
(f) any reference to the old Board in any
20
Act or in any proclamation, Order in
Council, rule, regulation, order,
agreement, instrument, deed or other
document, so far as it relates to any
period after the commencement day,
25
and if not inconsistent with the context
or subject matter, must be construed as
a reference to the new Board.
68. Staff to be transferred from the old Board
to the new Board
30
(1) A person who was an employee of the old
Board immediately before the
commencement day is deemed to be an
employee of the new Board.
22
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(2) A transferred employee is to be regarded
as--
(a) being employed in his or her new
position with effect on and from the
Victorian Legislation Parliamentary Documents
commencement day; and
5
(b) having the same terms and conditions
as those that applied to the transferred
employee in relation to his or her
employment with the old Board
immediately before the commencement
10
day; and
(c) having accrued an entitlement to
benefits in connection with the
employment with the new Board that is
equivalent to the entitlement that the
15
transferred employee had accrued, as an
employee of the old Board,
immediately before the commencement
day.
(3) The service of a transferred employee with
20
the new Board is to be regarded for all
purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement day,
as an employee of the old Board.
25
(4) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the old Board because of the
operation of this Division.
30
23
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(5) A certificate purporting to be signed by the
chief executive officer of the new Board
certifying that the person named in the
certificate was, with effect from the
Victorian Legislation Parliamentary Documents
commencement day, employed, by virtue of
5
this section, with the new Board, is
admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
(6) The superannuation entitlements of any
10
person who is a transferred employee are
deemed not to be affected by that person
becoming a transferred employee.
(7) If a transferred employee was, immediately
before the appointed day an officer within
15
the meaning of the State Superannuation
Act 1988, he or she continues to be such an
officer.
(8) Nothing in this section prevents--
(a) any of the terms and conditions of
20
employment of a transferred employee
from being altered by or under any law,
award or agreement with effect from
any time after the commencement day;
or
25
(b) a transferred employee from resigning
or being dismissed at any time after the
commencement day in accordance with
the existing terms and conditions of his
or her employment with the new Board.
30
(9) In this section, "transferred employee"
means an employee of the old Board who is
deemed to be an employee of the new Board
by sub-section (1).
24
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
Division 3--Transitional Arrangements for
Mount Stirling Alpine Resort Management
Board
Victorian Legislation Parliamentary Documents
69. Definitions
In this Division--
5
"commencement day" means the day on
which Part 3 of the Alpine Resorts
(Management) (Amendment) Act
2004 comes into operation;
"old Board" means the Mount Stirling
10
Alpine Resort Management Board,
within the meaning of this Act, as in
force immediately before the
commencement day;
"new Board" means the Mount Buller and
15
Mount Stirling Alpine Resort
Management Board, within the
meaning of this Act, as in force on and
from the commencement day.
70. Transfer of property etc. from old Board
20
to new Board
Except as otherwise provided in this Act, on
and from the commencement day--
(a) the old Board is abolished and the
members go out of office; and
25
(b) all rights, property and assets that,
immediately before the commencement
day were vested in the old Board, vest
in the new Board; and
(c) all debts, liabilities and obligations of
30
the old Board existing immediately
before the commencement day, become
debts, liabilities and obligations of the
new Board; and
25
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(d) the new Board is substituted as a party
to any proceedings pending in any court
or tribunal to which the old Board was
a party, immediately before the
Victorian Legislation Parliamentary Documents
commencement day; and
5
(e) the new Board is substituted as a party
to any contract or arrangement entered
into by or on behalf of the old Board
and in force immediately before the
commencement day; and
10
(f) any reference to the old Board in any
Act or in any proclamation, Order in
Council, rule, regulation, order,
agreement, instrument, deed or other
document, so far as it relates to any
15
period after the commencement day,
and if not inconsistent with the context
or subject matter, must be construed as
a reference to the new Board.
71. Staff to be transferred from the old Board
20
to the new Board
(1) A person who was an employee of the old
Board immediately before the
commencement day is deemed to be an
employee of the new Board.
25
(2) A transferred employee is to be regarded
as--
(a) being employed in his or her new
position with effect on and from the
commencement day; and
30
(b) having the same terms and conditions
as those that applied to the transferred
employee in relation to his or her
employment with the old Board
immediately before the commencement
35
day; and
26
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(c) having accrued an entitlement to
benefits in connection with the
employment with the new Board that is
equivalent to the entitlement that the
Victorian Legislation Parliamentary Documents
transferred employee had accrued, as an
5
employee of the old Board,
immediately before the commencement
day.
(3) The service of a transferred employee with
the new Board is to be regarded for all
10
purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement day,
as an employee of the old Board.
(4) A transferred employee is not entitled to
15
receive any payment or other benefit by
reason only of having ceased to be an
employee of the old Board because of the
operation of this Division.
(5) A certificate purporting to be signed by the
20
chief executive officer of the new Board
certifying that the person named in the
certificate was, with effect from the
commencement day, employed, by virtue of
this section, with the new Board, is
25
admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
(6) The superannuation entitlements of any
person who is a transferred employee are
30
deemed not to be affected by that person
becoming a transferred employee.
(7) If a transferred employee was, immediately
before the appointed day an officer within
the meaning of the State Superannuation
35
Act 1988, he or she continues to be such an
officer.
27
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Part 3--Provision for the Mount Buller and Mount Stirling Alpine Resort
s. 16
Management Board
(8) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
from being altered by or under any law,
Victorian Legislation Parliamentary Documents
award or agreement with effect from
5
any time after the commencement day;
or
(b) a transferred employee from resigning
or being dismissed at any time after the
commencement day in accordance with
10
the existing terms and conditions of his
or her employment with the new Board.
(9) In this section, "transferred employee"
means an employee of the old Board who is
deemed to be an employee of the new Board
15
by sub-section (1).'.
28
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
Alpine Resorts (Management) (Amendment) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
29
551149B.I1-22/4/2004 BILL LA CIRCULATION 22/4/2004
[Index] [Search] [Download] [Related Items] [Help]