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PARLIAMENT OF VICTORIA
Catchment and Land Protection (Amendment) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Objectives of Catchment and Land Protection Act 3
5. New Division 1 substituted and Division 1A inserted in Part 2 of
Catchment and Land Protection Act 3
Division 1--Victorian Catchment Management Council 3
6. Establishment of Council 3
7. Constitution and membership of Council 3
8. Chairperson of Council 4
9. Functions of Council 4
9A. Powers of Council 5
Division 1A--Conditions of Membership and Procedure of
Council 5
9B. Terms of appointment of members 5
9C. Resignation and removal of members 6
9D. Vacancies in membership 6
9E. Committees 6
9F. Fees and allowances of members 6
9G. Presiding at Council meetings 6
9H. Proceedings of Council 7
9I. Validity of decisions of Council 7
9J. Report of Council 7
6. Catchment Management Authorities 8
7. Abolition of Pest Animal Advisory Committee 8
8. Immunity of members 8
9. New sections 97A to 97C inserted in Catchment and Land
Protection Act 8
97A. Transitional provisions (Council) 8
97B. Transitional provisions (Regional Catchment and Land
Protection Boards) 10
97C. Transitional provisions (Pest Animal Advisory
Committee) 11
i
532094B.I1-28/4/98
Clause Page
10. Insertion of new sections 99 to 103 in Catchment and Land
Protection Act 11
99. Establishment of Catchment and Land Protection Boards 11
100. Appointment of Board members 15
101. Change in name of Boards 15
102. References to Boards 16
103. Validation of actions of Boards 16
11. Amendment of Catchment and Land Protection Act 17
12. New Division 6 inserted in Part 6 of Water Act 1989 17
Division 6--Validation of Appointment, etc. of Certain
Authorities 17
114. Effect of certain Orders made by Minister 17
115. Validation of actions of certain Authorities 18
13. Amendment of Water Act 1989 20
14. Consequential amendments to Flora and Fauna Guarantee Act
1988 21
__________________
SCHEDULES 23
SCHEDULE 1--Consequential amendments to the Catchment and
Land Protection Act 1994 23
SCHEDULE 2--New Schedules 6 and 7 inserted in Catchment and
Land Protection Act 1994 26
SCHEDULE 3--New Schedule 3 inserted in Water Act 1989 29
NOTES 33
ii
532094B.I1-28/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Catchment and Land Protection Act 1994 and the
Water Act 1989 and for other purposes.
Catchment and Land Protection
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to establish the Victorian Catchment
Management Council; and
5 (b) to abolish the Pest Animal Advisory
Committee; and
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532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 2
Act No.
(c) to re-name Regional Catchment and Land
Protection Boards as Catchment
Management Authorities; and
(d) to validate the establishment and operation
5 of Regional Catchment and Land Protection
Boards under the Catchment and Land
Protection Act 1994 and their appointment
and operation as Authorities under the
Water Act 1989.
10 2. Commencement
(1) Sections 1, 10 to 13 and this section come into
operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
15 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 January 1999, it
comes into operation on that day.
20 3. Definitions
No. 52/1994. In section 3 of the Catchment and Land
Reprint No. 1
Protection Act 1994--
as at
21 November
(a) insert the following definition--
1996.
' "Authority" means a Catchment
25 Management Authority established
under Part 2;';
(b) in the definition of "Council" for "Victorian
Catchment and Land Protection Council"
substitute "Victorian Catchment
30 Management Council";
(c) the definitions of "Board" and "Pest Animal
Advisory Committee" are repealed.
2
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Catchment and Land Protection (Amendment) Act 1998
s. 4
Act No.
4. Objectives of Catchment and Land Protection Act
In section 4 of the Catchment and Land
Protection Act 1994, for paragraph (d)
substitute--
5 "(d) to establish and support the operation of the
Victorian Catchment Management Council
and the Catchment Management
Authorities;".
5. New Division 1 substituted and Division 1A inserted
10 in Part 2 of Catchment and Land Protection Act
For Division 1 of Part 2 of the Catchment and
Land Protection Act 1994 substitute--
"Division 1--Victorian Catchment
Management Council
15 6. Establishment of Council
There is established a Council to be called
the Victorian Catchment Management
Council.
7. Constitution and membership of Council
20 (1) The Council consists of not more than 10
members who are to be appointed by the
Governor in Council on the recommendation
of the Minister.
(2) The following provisions apply to the
25 membership of the Council--
(a) in recommending persons for
appointment, the Minister must have
regard to the need for the composition
of the Council to reflect the major land
30 and water uses in the State, including
rural, urban, private and public uses;
and
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Catchment and Land Protection (Amendment) Act 1998
s. 5
Act No.
(b) in recommending persons for
appointment the Minister must have
regard to the need for the Council
members to have between them
5 experience and knowledge of land
protection, water resource management,
primary industry, environment
protection and conservation and local
government; and
10 (c) one member is to be a nominee of the
Secretary.
8. Chairperson of Council
One of the members of the Council is to be
appointed by the Governor in Council as the
15 chairperson of the Council.
9. Functions of Council
The functions of the Council are--
(a) to advise the Minister and, if requested
by any other Minister, that other
20 Minister--
(i) on matters relating to catchment
management which apply
throughout the State; and
(ii) on the condition of the land and
25 water resources of the State; and
(iii) on priorities for catchment
management throughout the State;
and
(iv) on priorities to be given on the
30 need for research and
investigation on matters related to
catchment management which
apply throughout the State;
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Catchment and Land Protection (Amendment) Act 1998
s. 5
Act No.
(b) to encourage the co-operation of
persons and bodies involved in the
management of land and water
resources in furthering the objectives of
5 this Act;
(c) to promote community awareness and
understanding of issues relating to
catchment management;
(d) to advise the Minister and provide
10 information to the Minister on any
matter referred to it by the Minister.
9A. Powers of Council
The Council may do anything necessary or
convenient to enable it to carry out its
15 functions.
Division 1A--Conditions of Membership and
Procedure of Council
9B. Terms of appointment of members
(1) A member of the Council holds office for the
20 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.
(3) The instrument of appointment of a member
25 of the Council may specify terms and
conditions of appointment.
(4) The Public Sector Management and
Employment Act 1998 (except in
accordance with Part 7 of that Act) does not
30 apply to a member in respect of the office of
member.
5
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s. 5
Act No.
9C. Resignation and removal of members
(1) A member of the Council may resign the
office of member by writing signed by the
member and addressed to the Governor in
5 Council.
(2) The Governor in Council may at any time
remove a member of the Council from office.
9D. Vacancies in membership
If a member of the Council resigns or is
10 removed from office, the Governor in
Council, in accordance with this Act, may
fill the vacant office.
9E. Committees
For the purposes of this Act, the Council
15 may--
(a) from its members, appoint any
committees that it considers necessary
and may abolish any such committee;
and
20 (b) determine the procedure of each
committee.
9F. Fees and allowances of members
A member of the Council, other than a
member who is an employee of the public
25 service, is entitled to receive the fees,
travelling and other allowances from time to
time fixed by the Governor in Council in
respect of that member.
9G. Presiding at Council meetings
30 (1) The chairperson is to preside at all meetings
of the Council at which the chairperson is
present.
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Catchment and Land Protection (Amendment) Act 1998
s. 5
Act No.
(2) If the chairperson is absent from a meeting
of the Council, the members present at the
meeting must elect one of their members to
preside at the meeting.
5 9H. Proceedings of Council
(1) A person presiding at a meeting has a
deliberative vote and, if the voting is equal, a
second or casting vote.
(2) At a meeting of the Council a question must
10 not be decided unless there are present at
least half the total number of persons who
are for the time being members of the
Council.
(3) At a meeting of the Council, the decision on
15 a question of the majority of the members of
the Council present at the meeting is the
decision of the Council.
(4) Subject to this section, the Council may
regulate its own proceedings.
20 9I. Validity of decisions of Council
An act or decision of the Council is not
invalid merely because of--
(a) a defect or irregularity in, or in
connection with, the appointment of a
25 member; or
(b) a vacancy in the membership of the
Council, including a vacancy arising
from the failure to appoint an original
member.
30 9J. Report of Council
(1) The Council must report to the Minister on
the operation of this Act and the carrying out
of its functions on or before 31 October in
each year.
7
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 6
Act No.
(2) The fifth annual report of the Victorian
Catchment Management Council, and each
annual report at 5 yearly intervals thereafter,
must include an assessment of the condition
5 and management of land and water resources
in Victoria.
(3) The Minister must cause each report
submitted to him or her under this section to
be laid before each House of Parliament
10 within 7 sitting days after receiving the
report.".
6. Catchment Management Authorities
(1) In section 11(1) of the Catchment and Land
Protection Act 1994, for "Regional Catchment
15 and Land Protection Board" substitute
"Catchment Management Authority".
(2) The Catchment and Land Protection Act 1994
is amended as set out in Schedule 1.
7. Abolition of Pest Animal Advisory Committee
20 In Part 2 of the Catchment and Land Protection
Act 1994, Division 3 is repealed.
8. Immunity of members
In section 19 of the Catchment and Land
Protection Act 1994, for "the Council, a Board or
25 the Pest Animal Advisory Committee" substitute
"the Council or an Authority".
9. New sections 97A to 97C inserted in Catchment and
Land Protection Act
After section 97 of the Catchment and Land
30 Protection Act 1994 insert--
'97A. Transitional provisions (Council)
8
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 9
Act No.
(1) In this section--
"new Council" means the Victorian
Catchment Management Council
established under Division 1 of Part 2
5 of this Act as in force immediately after
the commencement of section 5 of the
Catchment and Land Protection
(Amendment) Act 1998;
"old Council" means the Victorian
10 Catchment and Land Protection
Council established under Part 2 of this
Act as in force immediately before the
commencement of section 5 of the
Catchment and Land Protection
15 (Amendment) Act 1998.
(2) On the commencement of section 5 of the
Catchment and Land Protection
(Amendment) Act 1998--
(a) the old Council is abolished and its
20 members go out of office as members;
(b) all rights, property and assets that,
immediately before that
commencement, were vested in the old
Council are, by force of this sub-
25 section, vested in the new Council;
(c) all debts, liabilities and obligations of
the old Council existing immediately
before that commencement become, by
force of this sub-section, debts,
30 liabilities and obligations of the new
Council;
(d) the new Council is, by force of this sub-
section, substituted as a party to any
proceeding pending in any court or
35 tribunal to which the old Council was a
9
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 9
Act No.
party immediately before that
commencement;
(e) the new Council is, by force of this sub-
section, substituted as a party to any
5 arrangement or contract entered into by
or on behalf of the old Council as a
party and in force immediately before
that commencement;
(f) any reference to the old Council in any
10 Act (other than this Act) or in any
subordinate instrument within the
meaning of the Interpretation of
Legislation Act 1984 or other
document whatever must, so far as it
15 relates to any period on or after that
commencement and if not inconsistent
with the context or subject-matter, be
construed as a reference to the new
Council.
20 (3) The new Council must prepare and submit
the final annual report of the old Council in
accordance with section 9 of this Act as in
force immediately before the commencement
of section 5 of the Catchment and Land
25 Protection (Amendment) Act 1998 if the
old Council had not done so in the calendar
year in which that section commenced.
97B. Transitional provisions (Regional
Catchment and Land Protection Boards)
30 Despite any amendment made to this Act by
section 6 of the Catchment and Land
Protection (Amendment) Act 1998, a
Catchment Management Authority is the
same body as a Regional Catchment and
35 Land Protection Board and no act, matter or
thing is affected by that amendment.
10
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Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
97C. Transitional provisions (Pest Animal
Advisory Committee)
On the commencement of section 7 of the
Catchment and Land Protection
5 (Amendment) Act 1998 the Pest Animal
Advisory Committee established under
Division 3 of Part 2 of this Act as in force
immediately before that commencement is
abolished and its members go out of office as
10 members.'.
10. Insertion of new sections 99 to 103 in Catchment and
Land Protection Act
After section 98 of the Catchment and Land
Protection Act 1994 insert--
15 '99. Establishment of Catchment and Land
Protection Boards
(1) There is deemed to have been made by the
Minister on and with effect from 4 January
1995 under section 11(1) of this Act as in
20 force at that time--
(a) an instrument establishing for the
Wimmera Catchment and Land
Protection Region the Wimmera
Regional Catchment and Land
25 Protection Board;
(b) an instrument establishing for the
Glenelg Catchment and Land
Protection Region the Glenelg Regional
Catchment and Land Protection Board;
30 (c) an instrument establishing for the
Corangamite Catchment and Land
Protection Region the Corangamite
Regional Catchment and Land
Protection Board;
11
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Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
(d) an instrument establishing for the North
Central Catchment and Land Protection
Region the North Central Regional
Catchment and Land Protection Board;
5 (e) an instrument establishing for the Port
Phillip Catchment and Land Protection
Region the Port Phillip Regional
Catchment and Land Protection Board;
(f) an instrument establishing for the
10 Goulburn Catchment and Land
Protection Region the Goulburn
Regional Catchment and Land
Protection Board;
(g) an instrument establishing for the North
15 East Catchment and Land Protection
Region the North East Regional
Catchment and Land Protection Board;
(h) an instrument establishing for the West
Gippsland Catchment and Land
20 Protection Region the West Gippsland
Regional Catchment and Land
Protection Board;
(i) an instrument establishing for the East
Gippsland Catchment and Land
25 Protection Region the East Gippsland
Regional Catchment and Land
Protection Board;
(j) an instrument establishing for the
Mallee Catchment and Land Protection
30 Region the Mallee Regional Catchment
and Land Protection Board.
(2) In this section--
"Wimmera Catchment and Land
Protection Region" means the area of
12
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
5 1994, to be the Wimmera Catchment
and Land Protection Region;
"Glenelg Catchment and Land Protection
Region" means the area of Victoria
determined by Order of the Governor in
10 Council, dated 29 November 1994 and
published in the Government Gazette
on 1 December 1994, to be the Glenelg
Catchment and Land Protection
Region;
15 "Corangamite Catchment and Land
Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
20 Government Gazette on 1 December
1994, to be the Corangamite Catchment
and Land Protection Region;
"North Central Catchment and Land
Protection Region" means the area of
25 Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the North Central
30 Catchment and Land Protection
Region;
"Port Phillip Catchment and Land
Protection Region" means the area of
Victoria determined by Order of the
35 Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
13
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
1994, to be the Port Phillip Catchment
and Land Protection Region;
"Goulburn Catchment and Land
Protection Region" means the area of
5 Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the Goulburn Catchment
10 and Land Protection Region;
"North East Catchment and Land
Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
15 29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the North East Catchment
and Land Protection Region;
"West Gippsland Catchment and Land
20 Protection Region" means the area of
Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
25 1994, to be the West Gippsland
Catchment and Land Protection
Region;
"East Gippsland Catchment and Land
Protection Region" means the area of
30 Victoria determined by Order of the
Governor in Council, dated
29 November 1994 and published in the
Government Gazette on 1 December
1994, to be the East Gippsland
35 Catchment and Land Protection
Region;
14
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
"Mallee Catchment and Land Protection
Region" means the area of Victoria
determined by Order of the Governor in
Council, dated 29 November 1994 and
5 published in the Government Gazette
on 1 December 1994, to be the Mallee
Catchment and Land Protection
Region.
100. Appointment of Board members
10 An instrument purportedly made by the
Minister on 4 January 1995 under section 12
of this Act as in force at that time and
purporting to appoint members of a Regional
Catchment and Land Protection Board for a
15 period ending on 30 June 1997 is deemed to
have been validly made despite the
instrument not including the word
"Regional" before the words "Catchment and
Land Protection" in the name of the Board.
20 101. Change in name of Boards
(1) An instrument referred to in Column 2 of
Schedule 6 purportedly made by the Minister
on the date specified in that Column has and
is deemed always--
25 (a) to have had effect as if in paragraph (a)
of the instrument the word "Regional"
appeared before the words "Catchment
and Land Protection Board";
(b) to have operated to change the name of
30 the Regional Catchment and Land
Protection Board from the name
specified in Column 1 of Schedule 6
to that specified in Column 3 of
Schedule 6.
15
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 10
Act No.
(2) Despite the change of name effected by an
instrument specified in Column 2 of
Schedule 6 (as affected by sub-section (1))
the body to which that instrument relates
5 continues, and is deemed to have continued,
to be a Board for the purposes of this Act as
in force at any time before the
commencement of section 6 of the
Catchment and Land Protection
10 (Amendment) Act 1998.
102. References to Boards
In--
(a) an Act other than this Act; or
(b) a subordinate instrument within the
15 meaning of the Interpretation of
Legislation Act 1984; or
(c) any other document whatever--
passed or made on or after 4 January 1995 a
reference to a body by the name specified in
20 Column 1 of Schedule 7 is deemed to be, and
always to have been, a reference to a
Regional Catchment and Land Protection
Board by the name specified in Column 2 of
Schedule 7.
25 103. Validation of actions of Boards
Anything done or purported to have been
done under this Act, before the
commencement of section 10 of the
Catchment and Land Protection
30 (Amendment) Act 1998, by a body deemed
to have been established by section 99 of this
Act that would have been validly done had
section 10 of that Act been in operation at
the time at which the thing was done or
35 purported to have been done, has and is
16
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 11
Act No.
deemed always to have had, the same force
and effect as it would have had if that section
had been in operation at the time at which
the thing was done or purported to have been
5 done.'.
11. Amendment of Catchment and Land Protection Act
The Catchment and Land Protection Act 1994
is amended as set out in Schedule 2.
12. New Division 6 inserted in Part 6 of Water Act 1989
No. 80/1989.
10 After Division 5 of Part 6 of the Water Act 1989
Reprint No. 3
insert-- as at 28 July
1997. Further
amended by
"Division 6--Validation of Appointment, etc.
Nos 104/1997,
of Certain Authorities 109/1997 and
110/1997.
114. Effect of certain Orders made by Minister
15 (1) An instrument referred to in column 1 of
Table A in Schedule 3 purportedly made by
the Minister on 23 June 1997 has, and is
deemed always to have had, the same force
and effect as it would have had if--
20 (a) the body specified in column 2 of that
Table had been an existing Authority
within the meaning of section 98(1)(a)
at the time the instrument was
purportedly made; and
25 (b) the instrument had, with effect from
1 July 1997, allocated to the body
specified in column 2 of that Table the
management and control of the
waterway management district
30 specified in column 3 of that Table; and
(c) section 99(3A) had not been enacted
and the instrument had, when
purportedly made, not specified that the
17
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 12
Act No.
chairperson of the body specified in
column 2 of that Table was to be
appointed by the Minister; and
(d) all the requirements of Division 2, that
5 would have been required to be
complied with in the case of an Order
having the force and effect that the
instrument has and is deemed to have
always had by force of this section, had
10 been complied with in respect of it.
(2) An instrument referred to in column 1 of
Table B in Schedule 3 purportedly made by
the Minister on 23 June 1997 has, and is
deemed always to have had, the same force
15 and effect as it would have had if--
(a) the body specified in column 2 of that
Table had been an Authority within the
meaning of sections 198(1)(b)(i) and
201(1)(b)(i) at the time the instrument
20 was purportedly made; and
(b) the waterway management district of
that body, with effect from 1 July 1997,
were the district specified in column 3
of that Table.
25 115. Validation of actions of certain Authorities
(1) Anything done or purported to have been
done under this Act, before the
commencement of section 12 of the
Catchment and Land Protection
30 (Amendment) Act 1998, by a body referred
to in column 2 of Table A in Schedule 3 that
would have been validly done had section 12
of that Act been in operation at the time at
which the thing was done or purported to
35 have been done, has and is deemed always to
have had, the same force and effect as it
18
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 12
Act No.
would have had if that section had been in
operation at the time at which the thing was
done or purported to have been done.
(2) Without limiting sub-section (1), that sub-
5 section applies with respect to the
following--
(a) the setting of a tariff or development
tariff;
(b) the imposition of a fee on a property
10 under a tariff or development tariff or
the altering of the amount of such a fee;
(c) the setting or imposition of a fee,
charge or rate of interest;
(d) the requirement of a payment or
15 contribution from any person;
(e) the declaration of any land to be a
serviced property for the purposes of
this Act;
(f) the obtaining of financial
20 accommodation, issuing of bonds, notes
or other securities or mortgaging of
revenue in accordance with Division 4
of Part 13;
(g) the recovery of any money;
25 (h) the selling of any property, or the
causing of any property to be
transferred, under section 278;
(i) the purchase or compulsory acquisition
of any land, entry on any land or
30 dealing with any land;
(j) the carrying out of any works or closing
to traffic of any road or part of a road
for that purpose;
19
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 13
Act No.
(k) the giving of a consent or other
authorisation or making of an
application, request or requirement
under this Act;
5 (l) the making of any by-laws, passing of
any resolution, giving of any notice or
service of any document;
(m) the delegation of any power, discretion,
function, authority or duty;
10 (n) the declaration under section 188(1) of
a designated waterway or designated
land or works;
(o) the closing under section 193 of access
to the whole or any part of a designated
15 waterway or designated land or works;
(p) the declaration under section 203(1) of
a flood level, flood fringe area or
building line.
(3) The exercise of a function under this Act by
20 a body referred to in column 2 of Table A in
Schedule 3, whether before or after the
commencement of section 12 of the
Catchment and Land Protection
(Amendment) Act 1998, is not invalid only
25 because it was or is exercised outside the
region for which that body is established
under the Catchment and Land Protection
Act 1994 and within the region for which
another such body is established under the
30 Catchment and Land Protection Act
1994.".
13. Amendment of Water Act 1989
The Water Act 1989 is amended as set out in
Schedule 3.
20
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Catchment and Land Protection (Amendment) Act 1998
s. 14
Act No.
14. Consequential amendments to Flora and Fauna
Guarantee Act 1988
(1) In section 3(1) of the Flora and Fauna
Guarantee Act 1988--
5 (a) insert the following definitions--
' "Catchment Management Authority"
means a Catchment Management
Authority established under Part 2 of
the Catchment and Land Protection
10 Act 1994;
"Victorian Catchment Management
Council" means the Victorian
Catchment Management Council
established under Part 2 of the
15 Catchment and Land Protection Act
1994;';
(b) the definitions of "Regional Catchment and
Land Protection Board" and "Victorian
Catchment and Land Protection Council" are
20 repealed.
(2) In section 9 of the Flora and Fauna Guarantee
Act 1988--
(a) in sub-section (1), for "Victorian Catchment
and Land Protection Council" substitute
25 "Victorian Catchment Management
Council"; and
(b) in sub-section (2)--
(i) for "Victorian Catchment and Land
Protection Council" substitute
30 "Victorian Catchment Management
Council"; and
(ii) for "the Regional Catchment and Land
Protection Board" substitute "each
Catchment Management Authority".
21
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
s. 14
Act No.
(3) In section 15(3)(a) of the Flora and Fauna
Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute
"Victorian Catchment Management Council".
5 (4) In section 16(1) of the Flora and Fauna
Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute
"Victorian Catchment Management Council".
(5) In section 19(3)(a) of the Flora and Fauna
10 Guarantee Act 1988, for "Victorian Catchment
and Land Protection Council" substitute
"Victorian Catchment Management Council".
(6) In section 67(m) of the Flora and Fauna
Guarantee Act 1988, for "Victorian Catchment
15 and Land Protection Council" substitute
"Victorian Catchment Management Council".
__________________
22
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
Section 6(2)
CONSEQUENTIAL AMENDMENTS TO THE CATCHMENT
5 AND LAND PROTECTION ACT 1994
1. In section 10(3), for "Board" substitute "Authority".
2. In section 11--
(a) in sub-section (2), for "a Board" (wherever occurring) substitute
"an Authority";
10 (b) in sub-section (3), for "A Board" substitute "An Authority";
(c) in sub-section (4)--
(i) for "a Board" substitute "an Authority";
(ii) for "the Board" (wherever occurring) substitute "the
Authority".
15 3. In section 12--
(a) in sub-section (1), for "A Board" substitute "An Authority";
(b) in sub-section (2)--
(i) for "a Board" substitute "an Authority";
(ii) in paragraph (b), for "the Board" (wherever occurring)
20 substitute "the Authority";
(iii) in paragraph (c), for "the Board" (wherever occurring)
substitute "the Authority";
(c) in sub-section (3), for "a Board" substitute "an Authority".
4. In section 13--
25 (a) for "A Board" substitute "An Authority";
(b) in paragraph (i), for "a Board" substitute "an Authority".
5. In section 14, for "A Board" substitute "An Authority".
6. In section 25(1), for "A Board" substitute "An Authority".
23
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 1
Act No.
7. In section 27--
(a) in sub-section (1), for "A Board" substitute "An Authority";
(b) in sub-section (2), for "Board" substitute "Authority";
(c) in sub-sections (4) and (5), for "Board's" substitute "Authority's".
5 8. In section 31, for "A Board" substitute "An Authority".
9. In section 39(3), for "Board" substitute "Authority".
10. In section 42(2), for "Board" substitute "Authority".
11. In section 44, for "Board" substitute "Authority".
12. In section 69--
10 (a) in sub-section (1), paragraph (a) is repealed;
(b) in sub-section (3), for "Board" substitute "Authority";
(c) in sub-section (4), for "a Board" substitute "an Authority";
(d) in sub-section (5), for "a Board" substitute "an Authority".
13. In section 77, sub-section (4) is repealed.
15 14. In section 95--
(a) in sub-section (1), for paragraph (f) substitute--
"(f) the procedure of the Council or an Authority;";
(b) in sub-section (2), for paragraph (c) substitute--
"(c) may leave any matter or thing to be determined or approved
20 by an authorised officer, the Council, an Authority or the
Secretary; and".
15. In clause 1 of Schedule 1, for the definition of "body" substitute--
' "body" means a Catchment Management Authority.'.
16. In Schedule 2--
25 (a) in clause 2(1), for "A Board" substitute "An Authority";
(b) in clause 2(3), for "Board" (wherever occurring) substitute
"Authority";
(c) in clause 2(4), for "A Board" substitute "An Authority";
(d) in clause 2(5), for "A Board" substitute "An Authority";
30 (e) in clause 3(1), for "a Board" substitute "an Authority";
24
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 1
Act No.
(f) in clause 3(2), for "Board" substitute "Authority";
(g) in clause 7, for "Board" substitute "Authority".
__________________
25
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 2
Act No.
SCHEDULE 2
Section 11
NEW SCHEDULES 6 AND 7 INSERTED IN CATCHMENT
AND LAND PROTECTION ACT 1994
5 After Schedule 5 to the Catchment and Land Protection
Act 1994 insert--
'SCHEDULE 6
Section 101
Column 1 Column 2 Column 3
Name of Regional Instrument Changed name
Catchment and Land
Protection Board
Wimmera Regional Instrument signed by Wimmera Catchment
Catchment and Land the Minister, dated 23 Management Authority
Protection Board June 1997 and headed
"Wimmera Catchment
and Land Protection
Board"
Glenelg Regional Instrument signed by Glenelg Hopkins
Catchment and Land the Minister, dated 23 Catchment
Protection Board June 1997 and headed Management Authority
"Glenelg Catchment
and Land Protection
Board"
Corangamite Regional Instrument signed by Corangamite
Catchment and Land the Minister, dated 23 Catchment
Protection Board June 1997 and headed Management Authority
"Corangamite
Catchment and Land
Protection Board"
North Central Regional Instrument signed by North Central
Catchment and Land the Minister, dated 23 Catchment
Protection Board June 1997 and headed Management Authority
"North Central
Catchment and Land
Protection Board"
26
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 2
Act No.
Column 1 Column 2 Column 3
Name of Regional Instrument Changed name
Catchment and Land
Protection Board
North East Regional Instrument signed by North East Catchment
Catchment and Land the Minister, dated 23 Management Authority
Protection Board June 1997 and headed
"North East Catchment
and Land Protection
Board"
Goulburn Regional Instrument signed by Goulburn Broken
Catchment and Land the Minister, dated 23 Catchment
Protection Board June 1997 and headed Management Authority
"Goulburn Catchment
and Land Protection
Board"
West Gippsland Instrument signed by West Gippsland
Regional Catchment the Minister, dated 23 Catchment
and Land Protection June 1997 and headed Management Authority
Board "West Gippsland
Catchment and Land
Protection Board"
East Gippsland Instrument signed by East Gippsland
Regional Catchment the Minister, dated 23 Catchment
and Land Protection June 1997 and headed Management Authority
Board "East Gippsland
Catchment and Land
Protection Board"
Mallee Regional Instrument signed by Mallee Catchment
Catchment and Land the Minister, dated 23 Management Authority
Protection Board June 1997 and headed
"Mallee Catchment and
Land Protection Board"
__________________
27
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 2
Act No.
SCHEDULE 7
Section 102
Column 1 Column 2
Body Regional Catchment and Land
Protection Board
Wimmera Catchment and Land Wimmera Regional Catchment and
Protection Board Land Protection Board
Glenelg Catchment and Land Glenelg Regional Catchment and
Protection Board Land Protection Board
Corangamite Catchment and Land Corangamite Regional Catchment
Protection Board and Land Protection Board
North Central Catchment and Land North Central Regional Catchment
Protection Board and Land Protection Board
North East Catchment and Land North East Regional Catchment and
Protection Board Land Protection Board
Goulburn Catchment and Land Goulburn Regional Catchment and
Protection Board Land Protection Board
West Gippsland Catchment and Land West Gippsland Regional Catchment
Protection Board and Land Protection Board
East Gippsland Catchment and Land East Gippsland Regional Catchment
Protection Board and Land Protection Board
Mallee Catchment and Land Mallee Regional Catchment and
Protection Board Land Protection Board
'.
__________________
5
28
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 3
Act No.
SCHEDULE 3
NEW SCHEDULE 3 INSERTED IN WATER ACT 1989
Section 13
After Schedule 2 to the Water Act 1989 insert--
5 "SCHEDULE 3
Section 114
EFFECT OF CERTAIN ORDERS
TABLE A
Column 1 Column 2 Column 3
Body Waterway Management
Instrument
District
Water (Constitution of Corangamite Lough Calvert Drainage
the Corangamite Catchment
Catchment Management
Management Authority
Authority) Order 1997
Water (Constitution of East Gippsland East Gippsland River
the East Gippsland Catchment Management
Catchment Management
Snowy River Management
Management Authority
Authority) Order 1997 Tambo Nicholson River
Management
Mitchell River
Management
Water (Constitution of Glenelg Hopkins Glenelg River
the Glenelg Hopkins Catchment Management
Catchment Management
Management Authority
Authority) Order 1997
29
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 3
Act No.
Column 1 Column 2 Column 3
Body Waterway Management
Instrument
District
Water (Constitution of Goulburn Broken Lower Goulburn
the Goulburn Broken Catchment Waterway Management
Catchment Management
Broken River Management
Management Authority
Authority) Order 1997 Upper Goulburn Waterway
Management
Water (Constitution of North Central Pental Island River
the North Central Catchment Management
Catchment Management
Bullock Creek
Management Authority
Management
Authority) Order 1997
Avoca River Management
Water (Constitution of North East Ovens River Management
the North East Catchment
Black Dog Creek
Catchment Management
Management
Management Authority
Authority) Order 1997 Upper North East River
Management
Water (Constitution of West Gippsland Tarwin Bass Waterway
the West Gippsland Catchment Management
Catchment Management
Corner Inlet Waterway
Management Authority
Management
Authority) Order 1997
Lake Wellington River
Management
_______________
30
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 3
Act No.
TABLE B
Column 1 Column 2 Column 3
Instrument Body Waterway
Management District
Water (Declaration of Corangamite Lough Calvert
Application of Catchment Drainage
Regional Drainage and Management
Floodplain Authority
Management
Functions to the
Corangamite
Catchment
Management
Authority) Order 1997
Water (Declaration of East Gippsland East Gippsland River
Application of Catchment Management
Regional Drainage and Management
Snowy River
Floodplain Authority
Management
Management
Functions to the East Tambo Nicholson River
Gippsland Catchment Management
Management
Mitchell River
Authority) Order 1997
Management
Water (Declaration of Glenelg Hopkins Glenelg River
Application of Catchment Management
Regional Drainage and Management
Floodplain Authority
Management
Functions to the
Glenelg Hopkins
Catchment
Management
Authority) Order 1997
31
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Sch. 3
Act No.
Column 1 Column 2 Column 3
Instrument Body Waterway
Management District
Water (Declaration of Goulburn Broken Lower Goulburn
Application of Catchment Waterway Management
Regional Drainage and Management
Broken River
Floodplain Authority
Management
Management
Functions to the Upper Goulburn
Goulburn Broken Waterway Management
Catchment
Management
Authority) Order 1997
Water (Declaration of North Central Pental Island River
Application of Catchment Management
Regional Drainage and Management
Bullock Creek
Floodplain Authority
Management
Management
Functions to the North Avoca River
Central Catchment Management
Management
Authority) Order 1997
Water (Declaration of North East Catchment Ovens River
Application of Management Management
Regional Drainage and Authority
Black Dog Creek
Floodplain
Management
Management
Functions to the North Upper North East River
East Catchment Management
Management
Authority) Order 1997
Water (Declaration of West Gippsland Tarwin Bass Waterway
Application of Catchment Management
Regional Drainage and Management
Corner Inlet Waterway
Floodplain Authority
Management
Management
Functions to the West Lake Wellington River
Gippsland Catchment Management
Management
Authority) Order 1997
".
32
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
33
532094B.I1-28/4/98
Catchment and Land Protection (Amendment) Act 1998
Act No.
34
532094B.I1-28/4/98
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