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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Catchment and Land Protection (Further
Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Application of section 22 agreements 2
5. Issue of land management notices 3
6. Requirements before service of notice 4
7. Substitution of section 46 4
46. Landowner to notify Secretary of compliance with
notice 4
8. Insertion of new Part 5A 5
PART 5A--PRIORITY AREA NOTICE 5
47A. Notice of declaration of priority area 5
47B. Contents of priority area notice 6
47C. Service of copy of notice on land owner 6
47D. Offence to fail to comply with notice 7
47E. Land owner to notify Secretary of measures taken 7
47F. Relationship between this Part and Part 5 8
9. Classification of pests--general 8
10. What are regionally prohibited weeds? 8
11. What are restricted weeds? 9
12. Action before recommendation 9
13. Insertion of new sections 70B, 70C and 70D 9
70B. Directions notice 9
70C. Offence to fail to comply with directions notice 10
70D. Land owner to notify Secretary of measures taken
under directions notice 10
14. Spread of noxious weeds 11
15. Amendment to authorised officers' powers to take samples 11
16. Entry with notice 12
17. Powers of authorised officers on emergency entry 12
18. Entry with warrant 13
19. Substitution of section 83A 13
83A. Further seizure powers 13
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Clause Page
20. Insertion of new section 83O 14
83O. Authorised officer may require access to ratepayer
details 14
21. Offences relating to notices 15
22. Insertion of new section 84A 15
84A. Conduct by officers, employees or agents 15
23. Insertion of new section 85A 17
85A. Persons served with notices to inform Secretary if
not land owner 17
24. Regulation making powers 17
25. Transitional provision 18
104. Transitional provision Catchment and Land
Protection (Further Amendment) Act 2006 18
ENDNOTES 19
ii
551468B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Catchment and Land Protection Act 1994 and for
other purposes.
Catchment and Land Protection
(Further Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to amend the Catchment and Land
Protection Act 1994--
(i) to make further provision for notices
5
and declarations as to noxious weeds
and pest animals; and
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s. 2
Act No.
(ii) to make further provision for
enforcement of the Act; and
(b) to make other amendments to the
Catchment and Land Protection Act 1994.
2. Commencement
5
(1) This Act, other than sections 3, 4, 5(1), 5(3), 7, 8,
13, 16(1), 21, 23 and 25 comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Subject to sub-section (3), sections 3, 4, 5(1), 5(3),
10
7, 8, 13, 16(1), 21, 23 and 25 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 1 July 2007, it
comes into operation on that day.
15
3. Definitions
See: Insert the following definitions in section 3 of the
Act No.
Catchment and Land Protection Act 1994--
52/1994.
Reprint No. 3
' "directions notice" means a notice under
as at
5 August 2004
section 70B;
20 and
amending
"priority area" means an area declared to be a
Act Nos
priority area under section 47A;
81/2004,
108/2004 and
"priority area notice" means a notice under
7/2005.
LawToday:
section 47A;'.
www.dms.
dpc.vic.
gov.au
4. Application of section 22 agreements
25
(1) In sections 22(1) and 22(2) of the Catchment and
Land Protection Act 1994, for "this Part"
substitute "a relevant provision".
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(2) In section 22(4) of the Catchment and Land
Protection Act 1994--
(a) for "this Part" (where first occurring)
substitute "a relevant provision";
(b) for "this Part" (where secondly occurring)
5
substitute "the relevant provision".
(3) After section 22(4) of the Catchment and Land
Protection Act 1994 insert--
'(5) In this section, "relevant provision" means
any provision of the following--
10
(a) Part 3;
(b) Division 3 of Part 4, other than
section 34;
(c) Part 5, other than section 40;
(d) Part 5A;
15
(e) Division 2 of Part 8;
(f) Part 9.'.
5. Issue of land management notices
(1) In section 37(1)(a) of the Catchment and Land
Protection Act 1994, after "provision of Part 3"
20
insert "or with a priority area notice or a
directions notice".
(2) After section 37(1) of the Catchment and Land
Protection Act 1994 insert--
"(1A) Despite section 85(3), if the Secretary
25
decides to serve a land management notice
under sub-section (1), the Secretary must
take all reasonable steps to ensure that the
notice is served on each land owner of the
land subject to the notice.".
30
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(3) After section 37(2) of the Catchment and Land
Protection Act 1994 insert--
"(3) The Secretary must not serve a land
management notice on a land owner if a
directions notice is in force in respect of the
5
land and of the noxious weed or pest animal
for which the land management notice would
be served.".
6. Requirements before service of notice
Sections 39(1) and 39(2) of the Catchment and
10
Land Protection Act 1994 are repealed.
7. Substitution of section 46
For section 46 of the Catchment and Land
Protection Act 1994 substitute--
"46. Landowner to notify Secretary of
15
compliance with notice
(1) A land owner served with a land
management notice must give a notice in
writing, in accordance with sub-section (2),
to the Secretary advising the Secretary as to
20
whether or not the land owner has taken
measures to comply with the notice and--
(a) in the case of a land owner who has
taken any such measures, give in the
notice, the prescribed particulars as to
25
the measures that the land owner has
taken; or
(b) in the case of a land owner who has not
taken any such measures, give in the
notice, the reason why the land owner
30
has not done so.
Penalty: 10 penalty units.
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(2) A notice under sub-section (1) must be given
to the Secretary no later than 7 days after the
time for compliance with the land
management notice that is set out, under
section 38(2), in the land management
5
notice.".
8. Insertion of new Part 5A
After Part 5 of the Catchment and Land
Protection Act 1994 insert--
"PART 5A--PRIORITY AREA NOTICE
10
47A. Notice of declaration of priority area
(1) The Minister may, by notice, declare an area
of land to be a priority area for the control or
eradication of any regionally prohibited
weed, regionally controlled weed or
15
established pest animal specified in the
declaration.
(2) A notice of the Minister under sub-
section (1) must be published--
(a) in the Government Gazette; and
20
(b) in a newspaper circulating generally in
the area specified in the notice.
(3) A notice under sub-section (1) has effect
from--
(a) the date of publication in the
25
Government Gazette; or
(b) the date of publication in the
newspaper--
whichever is the later.
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(4) A notice under sub-section (1) must identify
the area of land to which it applies, and may
identify that area of land by reference to a
plan or map of the land.
(5) For the purposes of sub-section (4), the
5
notice may apply, adopt or incorporate any
matter contained in any document
formulated, issued, prescribed or published
by any person, whether--
(a) wholly or partly or as amended by the
10
notice; or
(b) as formulated, issued, prescribed or
published at the time the notice was
made or at any time before that time.
47B. Contents of priority area notice
15
(1) In a priority area notice, the Minister must--
(a) set out the category of noxious weed or
pest animal to which the notice applies;
and
(b) set out the measures that may be taken
20
by land owners to control or eradicate
the noxious weed or pest animal; and
(c) set out the time within which measures
must be taken.
(2) Any measure set out in a priority area notice
25
must be a measure that is prescribed by the
regulations.
47C. Service of copy of notice on land owner
The Minister may cause a copy of a priority
area notice to be served on each land owner
30
of land within the priority area.
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47D. Offence to fail to comply with notice
(1) If there is on land within a priority area, a
noxious weed or pest animal of the category
specified in the priority area notice, and if
the land owner of the land has been served
5
with a copy of the notice under section 47C,
the land owner--
(a) must take one or more of the measures
that are specified in the notice, in
accordance with the notice, on that
10
land; and
(b) must take those measures within the
time specified in the notice for taking
measures.
Penalty: 20 penalty units.
15
(2) Sub-section (1) does not apply to a land
owner to the extent that any land
management notice that has been served on
that land owner applies to the same noxious
weed or pest animal and the same land as
20
that to which the priority area notice applies.
47E. Land owner to notify Secretary of
measures taken
(1) If a land owner in a priority area has been
served with a copy of the notice in
25
accordance with section 47C, the land owner
must give a notice in writing, in accordance
with sub-section (2), to the Secretary
advising the Secretary as to whether or not
the land owner has taken measures in
30
accordance with the priority area notice,
and--
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Act No.
(a) in the case of a land owner who has
taken any such measures, give in the
notice, the prescribed particulars as to
the measures that the land owner has
taken; or
5
(b) in the case of a land owner who has not
taken any such measures, give in the
notice, the reason why the land owner
has not done so.
Penalty: 10 penalty units.
10
(2) A notice under sub-section (1) must be given
to the Secretary no later than 7 days after the
time for compliance with the priority area
notice that is set out, under section
47B(1)(c), in the priority area notice.
15
47F. Relationship between this Part and Part 5
Nothing in this Part is to be taken as
preventing the Secretary from serving a land
management notice on a land owner in
relation to any land that is also the subject of
20
a priority area notice.".
9. Classification of pests--general
In section 58(4) of the Catchment and Land
Protection Act 1994, after "Victoria" insert "or
in another State or a Territory of the
25
Commonwealth".
10. What are regionally prohibited weeds?
In section 61 of the Catchment and Land
Protection Act 1994--
(a) in paragraph (a), before "it is" insert "it does
30
not occur or";
(b) in paragraph (b), after "capable of" insert
"growing or".
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Act No.
11. What are restricted weeds?
Section 63(b) of the Catchment and Land
Protection Act 1994 is repealed.
12. Action before recommendation
After section 69(5) of the Catchment and Land
5
Protection Act 1994 insert--
"(6) Sub-section (3) does not apply if the Minister
is satisfied that the plant is not or has not or
does not have the potential to become a
serious threat to primary production, Crown
10
land, the environment or community health
in Victoria.".
13. Insertion of new sections 70B, 70C and 70D
After section 70A of the Catchment and Land
Protection Act 1994 insert--
15
"70B. Directions notice
(1) The Secretary may serve a notice on a land
owner giving the land owner directions as to
measures to be taken on the land of the land
owner for the control or eradication of any
20
regionally prohibited weed, regionally
controlled weed or established pest animal
that is specified in the notice.
(2) In a notice under this section, the Secretary
must--
25
(a) set out the category of noxious weed or
pest animal to which the notice applies;
and
(b) set out the measures that may be taken
by the land owner to control or
30
eradicate the noxious weed or pest
animal; and
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(c) set out the time within which such
measures must be taken; and
(d) describe the land on which the
measures are to be taken.
(3) Any measure set out in a notice under sub-
5
section (1) must be a measure that is
prescribed by the regulations.
70C. Offence to fail to comply with directions
notice
A land owner on whom a directions notice
10
has been served--
(a) must take one or more of the measures
that are specified in the notice, in
accordance with the notice; and
(b) must take those measures within the
15
time specified in the notice for the
taking of the measures.
Penalty: 20 penalty units.
70D. Land owner to notify Secretary of
measures taken under directions notice
20
(1) A land owner on whom a directions notice
has been served must give a notice in writing
to the Secretary, in accordance with sub-
section (2), advising the Secretary as to
whether or not the land owner has taken
25
measures in accordance with the notice,
and--
(a) in the case of a land owner who has
taken any such measures, give in the
notice, the prescribed particulars as to
30
the measures that the land owner has
taken; or
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(b) in the case of a land owner who has not
taken any such measures, give in the
notice, the reason why the land owner
has not done so.
Penalty: 10 penalty units.
5
(2) A notice under sub-section (1) must be given
to the Secretary no later than 7 days after the
time for compliance with the directions
notice that is set out, under section
70B(2)(c), in the directions notice.".
10
14. Spread of noxious weeds
After section 71(1)(b)(iii) of the Catchment and
Land Protection Act 1994 insert--
"(iiia) display in Victoria; or
(iiib) plant or propagate in Victoria; or".
15
15. Amendment to authorised officers' powers to take
samples
For section 80(2)(c) of the Catchment and Land
Protection Act 1994 substitute--
"(c) without payment, take, or require the
20
occupier of the land to give, samples of any
of the following--
(i) plants or parts of plants;
(ii) an animal or part of an animal;
(iii) soil, sand, gravel or stone;
25
(iv) fodder or grain.".
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Act No.
16. Entry with notice
(1) For section 81(1)(c) of the Catchment and Land
Protection Act 1994 substitute--
"(c) in order to ascertain whether--
(i) a priority area notice; or
5
(ii) a directions notice; or
(iii) a direction under section 70 or 72--
in respect of land has been complied with.".
(2) For section 81(3)(c) of the Catchment and Land
Protection Act 1994 substitute--
10
"(c) without payment, take, or require the
occupier of the land to give, samples of any
of the following--
(i) plants or parts of plants;
(ii) an animal or part of an animal;
15
(iii) soil, sand, gravel or stone;
(iv) fodder or grain.".
17. Powers of authorised officers on emergency entry
For section 82(4)(c) of the Catchment and Land
Protection Act 1994 substitute--
20
"(c) without payment, take, or require the
occupier of the land to give, samples of any
of the following--
(i) plants or parts of plants;
(ii) an animal or part of an animal;
25
(iii) soil, sand, gravel or stone;
(iv) fodder or grain;".
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Act No.
18. Entry with warrant
In section 83 of the Catchment and Land
Protection Act 1994--
(a) after sub-section (2)(a) insert--
"(ab) to re-enter that land (by force if
5
necessary) if re-entry is necessary to
complete any of the things specified in
the warrant; and";
(b) in sub-section (3)(c), after "entry" insert
"and any necessary re-entry".
10
19. Substitution of section 83A
For section 83A of the Catchment and Land
Protection Act 1994 substitute--
"83A. Further seizure powers
A search warrant under section 83 authorises
15
an authorised officer executing the search
warrant--
(a) to seize or take a sample of any thing of
the kind described in the warrant; and
(b) to seize or take a sample of any thing
20
which is not of the kind described in the
warrant if--
(i) the authorised officer believes, on
reasonable grounds, that the
thing--
25
(A) is of a kind which could have
been included in a search
warrant issued under this
Part; or
(B) will afford evidence about
30
the commission of an
offence against this Act or
the regulations; and
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s. 20
Act No.
(ii) in the case of seizure, the
authorised officer believes, on
reasonable grounds, that it is
necessary to seize that thing in
order to prevent its concealment,
5
loss or destruction or its use in the
commission of an offence against
this Act or the regulations.".
20. Insertion of new section 83O
After section 83N of the Catchment and Land
10
Protection Act 1994 insert--
"83O. Authorised officer may require access to
ratepayer details
(1) For the purposes of exercising a power under
this Act, an authorised officer may require
15
the person having custody of any records
relating to ratepayers (within the meaning of
the Local Government Act 1989) to
produce them to the officer.
(2) On production of any records under sub-
20
section (1), an authorised officer may--
(a) inspect the records for the purposes of
finding--
(i) the name and address or other
contact details of a ratepayer; or
25
(ii) the address or description of any
land in respect of which the
ratepayer is liable to pay rates and
charges under Part 8 of the Local
Government Act 1989; and
30
(b) take extracts or copies from the records
for the purpose of exercising a power
under this Act.
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s. 21
Act No.
(3) An authorised officer must not be charged a
fee for any thing required to be done, or
done, by the authorised officer under this
section.".
21. Offences relating to notices
5
In section 84(1)(e) of the Catchment and Land
Protection Act 1994, after "or the regulations"
insert ", or in a notice under section 46(1), 47E
or 70D,".
22. Insertion of new section 84A
10
After section 84 of the Catchment and Land
Protection Act 1994 insert--
"84A. Conduct by officers, employees or agents
(1) If in any proceedings under this Act, it is
necessary to establish the state of mind of a
15
body corporate in relation to particular
conduct, it is sufficient to show--
(a) that the conduct was engaged in by an
officer of that body corporate within the
scope of the officer's actual or apparent
20
authority and the officer had that state
of mind; or
(b) that the conduct was engaged in by an
agent of the body corporate and--
(i) the agent acted at the specific
25
direction or with the specific
consent or agreement of the body
corporate; and
(ii) the agent had that state of mind;
and
30
(iii) the body corporate was aware of
the agent's state of mind when the
conduct was engaged in.
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Act No.
(2) For the purposes of any proceedings under
this Act, any conduct engaged in on behalf of
a body corporate is deemed to have been
engaged in also by the body corporate if the
conduct was engaged in by--
5
(a) an officer of the body corporate within
the scope of the officer's actual or
apparent authority; or
(b) any other person at the specific
direction or with the specific consent or
10
agreement of an officer of the body
corporate, if the consent or agreement
is within the scope of the actual or
apparent authority of the officer.
(3) If in any proceedings under this Act, it is
15
necessary to establish the state of mind of a
person other than a body corporate in
relation to particular conduct, it is sufficient
to show--
(a) that the conduct was engaged in by an
20
employee of that person within the
scope of the employee's actual or
apparent authority and the employee
had that state of mind; or
(b) that the conduct was engaged in by an
25
agent of the person and--
(i) the agent acted at the specific
direction or with the specific
consent or agreement of the
person; and
30
(ii) the agent had that state of mind;
and
(iii) the person was aware of the
agent's state of mind when the
conduct was engaged in.".
35
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s. 23
Act No.
23. Insertion of new section 85A
After section 85 of the Catchment and Land
Protection Act 1994 insert--
"85A. Persons served with notices to inform
Secretary if not land owner
5
A person--
(a) who is served with a land management
notice, a priority area notice or a
directions notice; and
(b) who is not, at the time of service of the
10
notice, the land owner or occupier of
the land to which the notice relates--
must, within 7 days of being served with the
notice, notify the Secretary in writing that
the person is not the land owner or occupier
15
of the land.
Penalty: 10 penalty units.".
24. Regulation making powers
(1) In section 95(1) of the Catchment and Land
Protection Act 1994--
20
(a) after paragraph (b) insert--
"(ba) prescribing the measures for controlling
or eradicating noxious weeds or pest
animals;";
(b) after paragraph (k) insert--
25
"(ka) any particulars or information required
for notices under this Act;".
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Act No.
(2) After section 95(2)(e) of the Catchment and
Land Protection Act 1994 insert--
"(ea) may prescribe any matter or thing, that is
required or permitted by this Act to be
prescribed, by reference to a kind, category
5
or class of matter or thing; and".
25. Transitional provision
After section 103 of the Catchment and Land
Protection Act 1994 insert--
"104. Transitional provision Catchment and
10
Land Protection (Further Amendment)
Act 2006
Section 46, as in force before the
commencement of section 7 of the
Catchment and Land Protection (Further
15
Amendment) Act 2006, continues to apply
to any prosecution under that section that had
not been determined immediately before that
commencement, as if section 7 of the
Catchment and Land Protection (Further
20
Amendment) Act 2006 had not been
enacted.".
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Catchment and Land Protection (Further Amendment) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
19
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