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PARLIAMENT OF VICTORIA
Conservation, Forests and Lands (Miscellaneous
Amendments) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--SECRETARY TO THE DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT 3
Division 1--References to the Secretary as body corporate 3
3. Conservation, Forests and Lands Act 1987 3
4. New section 119 inserted in Conservation, Forests and Lands
Act 1987 7
119. References to the Secretary 7
5. Alpine Resorts (Management) Act 1997 7
6. Crown Land (Reserves) Act 1978 8
7. Drugs, Poisons and Controlled Substances Act 1981 9
8. Fisheries Act 1995 9
9. Flora and Fauna Guarantee Act 1988 9
10. Forests Act 1958 11
11. Land Act 1958 15
12. Land Conservation (Vehicle Control) Act 1972 17
13. Melbourne and Metropolitan Board of Works Act 1958 18
14. National Parks Act 1975 19
15. Transfer of Land (Single Register) Act 1998 19
16. Valuation of Land Act 1960 19
17. Victorian Plantations Corporation Act 1993 19
Division 2--References to Secretary as Department Head 20
18. Archaeological and Aboriginal Relics Preservation Act 1972 20
19. Broiler Chicken Industry Act 1978 20
20. Electoral Boundaries Commission Act 1982 21
21. Environment Conservation Council Act 1997 21
22. Extractive Industries Development Act 1995 21
23. Health Act 1958 23
i
532108B.I1-1/9/98
Clause Page
24. Melbourne Market Authority Act 1977 24
25. Murray Valley Citrus Marketing Act 1989 24
26. Pipelines Act 1967 24
27. Prevention of Cruelty to Animals Act 1986 25
28. State Electricity Commission Act 1958 25
29. Water Act 1989 25
Division 3--References to Secretary as body corporate and
Department Head 26
30. Country Fire Authority Act 1958 26
31. Mineral Resources Development Act 1990 27
32. Royal Botanic Gardens Act 1991 29
PART 3--AMENDMENT OF COASTAL MANAGEMENT ACT
1995 31
33. Purposes 31
34. Definitions 31
35. Heading to Division 1 of Part 2 31
36. Change of name of Council 31
37. Membership of Council 31
38. Membership of Boards 32
39. New section 11A inserted 32
11A. Membership of Board not an office of profit 32
40. New Part 4 substituted 33
PART 4--TRANSITIONAL 33
41. Saving of Council 33
42. Saving of Boards 33
41. Amendment of Schedule 33
PART 4--AMENDMENT OF CROWN LAND (RESERVES) ACT
1978 35
42. Reference to Coastal Council 35
PART 5--AMENDMENT OF PARKS VICTORIA ACT 1998 36
43. Powers of Parks Victoria 36
44. Statute law revision 36
NOTES 37
ii
532108B.I1-1/9/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Conservation, Forests and Lands Act 1987 and other
Acts to amend references to the Secretary to the Department of
Natural Resources and Environment, to amend the Coastal
Management Act 1995, the Crown Land (Reserves) Act 1978 and
the Parks Victoria Act 1998 and for other purposes.
Conservation, Forests and Lands
(Miscellaneous Amendments) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purposes of this Act are--
(a) to amend the Conservation Forests and
5 Lands Act 1987 and various other Acts to
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532108B.I1-1/9/98
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
s. 2
Act No.
amend references to the Secretary to the
Department of Natural Resources and
Environment;
(b) to amend the Coastal Management Act
5 1995 to improve the operation of that Act;
and
(c) to make a consequential amendment to the
Crown Land (Reserves) Act 1978; and
(d) to amend the Parks Victoria Act 1998 to
10 improve the operation of that Act.
2. Commencement
(1) Parts 1 and 5 come into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 19 and 26(2) are deemed to have come
15 into operation on 1 July 1998.
(3) Subject to sub-section (4), the provisions of Parts
3 and 4 come into operation on a day or days to be
proclaimed.
(4) If a provision referred to in sub-section (3) does
20 not come into operation before 1 July 1999, it
comes into operation on that day.
(5) The remaining provisions of this Act come into
operation on 15 December 1998.
_______________
25
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PART 2--SECRETARY TO THE DEPARTMENT OF
NATURAL RESOURCES AND ENVIRONMENT
Division 1--References to the Secretary as body corporate
3. Conservation, Forests and Lands Act 1987
5 (1) In the Conservation, Forests and Lands Act
1987--
(a) in section 3(1)--
(i) the definitions of "chief administrator"
and "Director-General" are repealed;
10 (ii) in paragraph (c) of the definition of
"Crown land", for "Director-General"
substitute "Secretary";
(iii) insert--
' "Department Head" means the
15 Department Head (within the
meaning of the Public Sector
Management and Employment
Act 1998) of the Department;';
(iv) in paragraph (d) of the definition of
20 "land owner", for "Director-General"
substitute "Secretary";
(v) insert--
' "Secretary" means the body
corporate established by Part 2;';
25 (b) in the heading to Division 1 of Part 2 for
"Director-General" substitute
"Secretary";
(c) in section 6 in sub-sections (2), (3) and (4),
for "Director-General" (wherever occurring)
30 substitute "Secretary";
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(d) in section 7(1), (2) and (3), for "Director-
General" (wherever occurring) substitute
"Secretary";
(e) in section 7(4)--
5 (i) for "Director-General of Conservation,
Forests and Lands" substitute
"Secretary to the Department of Natural
Resources and Environment";
(ii) for "Chief Administrator" substitute
10 "Department Head";
(f) in section 8, for "chief administrator"
substitute "Department Head";
(g) section 9 is repealed;
(h) in section 10, for "Director-General"
15 (wherever occurring) substitute "Secretary";
(i) in section 11(2), (3B) and (4)--
(i) for "Director-General" substitute
"Secretary";
(ii) for "Director-General's" substitute
20 "Secretary's";
(j) in sections 12(2), 13, 14, 15(1) and (4), 16,
17, 18, 19(2), 20, 21, 22(3)(b), 23(2) and (6),
24(1), 25, 27, 28(1) and (2), 29, 30(1), 31(3)
and (4) and 32(3) for "Director-General"
25 (wherever occurring) substitute "Secretary";
(k) in section 34--
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) in sub-section (3), for "Director-
30 General's" substitute "Secretary's";
(l) in sections 35, 36(1) and (2), 37, 38(1) and
(2), 39, 40, 41, 42(1), 43, 44, 45(1), 48(4), 49
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and 50, for "Director-General" (wherever
occurring) substitute "Secretary";
(m) in section 51--
(i) for "Director-General" substitute
5 "Secretary";
(ii) for "Director-General's" substitute
"Secretary's";
(n) in section 56, in the definitions of
"conservation work" and "conservation
10 worker", for "Director-General" (wherever
occurring) substitute "Secretary";
(o) in section 57, for "Director-General"
(wherever occurring) substitute "Secretary";
(p) in section 58(3)--
15 (i) for "Director-General" (where first
occurring) substitute "Secretary";
(ii) for "Director-General thinks"
substitute "Secretary considers";
(q) in sections 58(4), 63 and 65, for "Director-
20 General" (wherever occurring) substitute
"Secretary";
(r) in section 66--
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
25 (ii) in sub-section (2), for "a Regional
Commission or other body" substitute
"any public authority";
(s) in section 67(1), for "Director-General's"
substitute "Secretary's";
30 (t) in sections 68(1) and (2), 69, 70(1), 71(1)
and (4), 72(1), (1A), (3) and (3A), 74, 76(1)
and (2), 78 and 79(1), (2), (5), (6), (7), (9)
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and (10), for "Director-General" (wherever
occurring) substitute "Secretary";
(u) in section 80--
(i) for "Director-General" (wherever
5 occurring) substitute "Secretary";
(ii) in sub-section (4), for "Director-
General's" substitute "Secretary's";
(v) in section 83, for "Director-General"
(wherever occurring) substitute "Secretary";
10 (w) in section 84--
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) in sub-section (1)(a) omit "officer or"
and "officers or";
15 (x) in sections 87, 88, 89, 91(4) and (5), 92(1)
and (3) and 93(1) and (4), for "Director-
General" (wherever occurring) substitute
"Secretary";
(y) in section 94--
20 (i) for ", Parts 7 and 8 of and Schedules 5
and 6 to the Road Safety (Procedures)
Regulations 1988, and the Road Safety
(Traffic) Regulations 1988" substitute
"and any regulations made for the
25 purposes of those sections";
(ii) for "Director-General" (wherever
occurring) substitute "Secretary";
(iii) in paragraph (b), for "; or" substitute
"; and";
30 (z) in sections 96(1) and (2) and 97(1) and (3),
for "Director-General" (wherever occurring)
substitute "Secretary";
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(aa) in section 98--
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) in sub-section (10), for "Director-
5 General's" substitute "Secretary's";
(ab) sections 106, 109, 110 and 115 are repealed;
(ac) in clause 6 of Schedule 2, for "Director-
General" substitute "Secretary".
(2) In section 2 of the Conservation, Forests and
10 Lands Act 1987 for sub-sections (6) and (7)
substitute--
"(6) The body corporate established by this
section is deemed to be and always to have
been the same body despite the change made
15 to its name by the Public Sector Reform
(Miscellaneous Amendments) Act 1998.".
4. New section 119 inserted in Conservation, Forests
and Lands Act 1987
At the end of Part 10 of the Conservation,
20 Forests and Lands Act 1987 insert--
"119. References to the Secretary
The repeal of section 6(6) and (7) by
section 3 of the Conservation, Forests and
Lands (Miscellaneous Amendments) Act
25 1998 does not affect the operation of those
provisions in relation to any document (other
than an Act) existing immediately before the
commencement of that section.".
5. Alpine Resorts (Management) Act 1997
30 In section 3 of the Alpine Resorts
(Management) Act 1997, in the definition of
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"Secretary" for "Director-General" substitute
"Secretary".
6. Crown Land (Reserves) Act 1978
In the Crown Land (Reserves ) Act 1978--
5 (a) in section 3--
(i) the definition of "Chief Administrator"
is repealed;
(ii) insert--
' "Secretary" means the body
10 corporate established by Part 2 of
the Conservation, Forests and
Lands Act 1987;';
(b) in sections 12(3), for "Director-General of
Conservation, Forests and Lands" (wherever
15 occurring) substitute "Secretary";
(c) in section 15(8)--
(i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";
20 (ii) in paragraph (b), for "him" substitute
"the Secretary";
(d) in sections 17A(1), for "certifies" substitute
"certified";
(e) in section 17B(1) and (4)--
25 (i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";
(ii) for "Director-General" (wherever
occurring) substitute "Secretary";
30 (f) in section 17C(1), for "certifies" substitute
"certified";
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(g) in section 17E(1)--
(i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";
5 (ii) for "Director-General" (wherever
occurring) substitute "Secretary";
(h) in sections 18(1) and (2) and 20, for
"Director-General of Conservation, Forests
and Lands" (wherever occurring) substitute
10 "Secretary".
7. Drugs, Poisons and Controlled Substances Act 1981
In section 52(2)(a) of the Drugs, Poisons and
Controlled Substances Act 1981, for "Director-
General of Conservation, Forests and Lands or its
15 servants or agents" substitute "Secretary within
the meaning of the Conservation, Forests and
Lands Act 1987 or any person acting on behalf of
the Secretary".
8. Fisheries Act 1995
20 In section 4 of the Fisheries Act 1995, for the
definition of "Secretary" substitute--
' "Secretary" means the body corporate
established by Part 2 of the Conservation,
Forests and Lands Act 1987;'.
25 9. Flora and Fauna Guarantee Act 1988
In the Flora and Fauna Guarantee Act 1988--
(a) in section 3--
(i) the definition of "Director-General" is
repealed;
30 (ii) insert--
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' "Secretary" means the body
corporate established by Part 2 of
the Conservation, Forests and
Lands Act 1987;';
5 (b) in section 7--
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) in sub-section (2), for "him or her"
substitute "the Secretary";
10 (c) in sections 9(2), 17(1) and (4), 18 and 19, for
"Director-General" (wherever occurring)
substitute "Secretary";
(d) in sections 20 and 21--
(i) for "Director-General" (wherever
15 occurring) substitute "Secretary";
(ii) for "Director-General's" (wherever
occurring) substitute "Secretary's";
(e) in sections 22, 23, 24, 25(1) and (2), 27(d),
28, 29 and 30, for "Director-General"
20 (wherever occurring) substitute "Secretary";
(f) in section 31--
(i) in sub-sections (1) and (2), for
"Director-General's" (wherever
occurring) substitute "Secretary's";
25 (ii) in sub-section (3), for "Director-
General" substitute "Secretary";
(g) in sections 33, 35, 36(1), 37, 38(2) and (3),
40 and 41, for "Director-General" (wherever
occurring) substitute "Secretary";
30 (h) in section 43--
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Act No.
(i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) for "Director-General's" (wherever
occurring) substitute "Secretary's";
5 (i) in sections 44, 48, 49, 50, 53(1) and 54, for
"Director-General" (wherever occurring)
substitute "Secretary";
(j) in section 55--
(i) for "Director-General" (except where
10 secondly occurring) substitute
"Secretary";
(ii) in sub-section (1), for "Director-
General thinks" substitute "Secretary
considers";
15 (k) in sections 62(1), 65(1) and (3) and 66(1),
for "Director-General" (wherever occurring)
substitute "Secretary";
(l) in section 67--
(i) for "Director-General" (wherever
20 occurring) substitute "Secretary";
(ii) for "Director-General's" (wherever
occurring) substitute "Secretary's";
(m) in section 69(2), for "Director-General"
substitute "Secretary";
25 (n) sections 70(1) and 71 and Schedule 4 are
repealed.
10. Forests Act 1958
(1) In the Forests Act 1958--
(a) in section 3(1)--
30 (i) the definitions of "Chief Administrator"
and "Director-General" are repealed;
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(ii) insert--
' "Secretary" means the body
corporate established by Part 2 of
the Conservation, Forests and
5 Lands Act 1987;';
(iii) in the definition of "forest management
area", for "certified by the Director-
General" substitute "certified under
seal by the Secretary";
10 (iv) in the definitions of "hardwood sawlog"
and "lease" "licence" "permit" or
"authority", for "Director-General"
(wherever occurring) substitute
"Secretary";
15 (b) in sections 3(4), 5(1) and 6, for "Director-
General" substitute "Secretary";
(c) in section 7--
(i) in sub-section (2), for "Director-
General thinks proper" substitute
20 "Secretary considers appropriate";
(ii) in sub-section (3), for "Director-
General" (where twice occurring)
substitute "Secretary";
(d) in sections 18, 18A, 19(1) and 20, for
25 "Director-General" (wherever occurring)
substitute "Secretary";
(e) in section 21--
(i) in sub-sections (1), (1A) and (3), for
"Director-General" (wherever
30 occurring) substitute "Secretary";
(ii) in sub-section (1)(eb), for "Director-
General thinks fit" substitute
"Secretary considers appropriate";
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(f) in section 22--
(i) in sub-section (1), for "Director-
General" substitute "Secretary";
(ii) in sub-section (2), for "Director-
5 General thinks fit" substitute
"Secretary considers appropriate";
(g) in sections 26A and 26B, for "Director-
General" (wherever occurring) substitute
"Secretary";
10 (h) in sections 38, 42(8) and 49(2), for
"Director-General" (wherever occurring)
substitute "Secretary";
(i) in section 50--
(i) for "Director-General" (wherever
15 occurring) substitute "Secretary";
(ii) in sub-section (2), for "Director-
General's" substitute "Secretary's";
(iii) in sub-section (4), for "officers or
employés of" substitute "employees
20 in";
(j) in sections 50A and 51, for "Director-
General" (wherever occurring) substitute
"Secretary";
(k) in section 52--
25 (i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) in sub-section (1), for "Director-
General thinks proper" substitute
"Secretary considers appropriate";
30 (l) in sections 52A(1), 52B and 52C, for
"Director-General" (wherever occurring)
substitute "Secretary";
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(m) in section 52F(2), for "certified by the
Director-General" substitute "certified
under seal by the Secretary";
(n) in section 53--
5 (i) in sub-section (1), for "Director-
General" substitute "Secretary";
(ii) in sub-section (2) for "Director-General
thinks fit" substitute "Secretary
considers appropriate";
10 (o) in sections 54, 56, 58(3) and (4), 59(1) and
62(2), for "Director-General" (wherever
occurring) substitute "Secretary";
(p) in section 63(5)--
(i) for "Director-General" substitute
15 "Secretary";
(ii) for "or an officer of or person"
substitute "a person";
(q) in sections 64(1), 65, 68(b) and 69, for
"Director-General" (wherever occurring)
20 substitute "Secretary";
(r) in section 70(2)(b)--
(i) for "officer of" substitute "employee
in";
(ii) for "Director-General" substitute
25 "Secretary";
(s) in sections 71 and 72, for "Director-General"
(wherever occurring) substitute "Secretary";
(t) in section 76(2)--
(i) for "Director-General" (wherever
30 occurring) substitute "Secretary";
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(ii) for "Director-General thinks fit"
substitute "Secretary considers
appropriate";
(u) in sections 77, 80(2), 84, 85, 89, 91, 92(2)
5 and (4), 94(1) and (4), 95, 96(d) and (q) and
99(15), (19), (19C), (28), for "Director-
General" (wherever occurring) substitute
"Secretary";
(v) in section 99A--
10 (i) for "Director-General" (wherever
occurring) substitute "Secretary";
(ii) for "officer or employee of the
Department" (wherever occurring)
substitute "employee in the
15 Department";
(iii) in paragraph (b)(i) and (iii), for "or he
sees fit" substitute ", employee or
authorised officer considers
appropriate";
20 (w) in section 100(2), in the definitions of
"disease", "fungus" and "insect", for
"Director-General" substitute "Secretary".
(2) In section 27A of the Forests Act 1958, for sub-
section (1) substitute--
25 "(1) The Secretary or any committee of
management or other authority created by
this Act may employ persons or classes of
persons who are not employed under Part 3
of the Public Sector Management and
30 Employment Act 1998.".
11. Land Act 1958
In the Land Act 1958--
(a) in section 2A--
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(i) the definition of "Director-General" is
repealed;
(ii) insert--
' "Secretary" means the body
5 corporate established by Part 2 of
the Conservation, Forests and
Lands Act 1987;';
(b) in sections 124(g), 126(1), 130AC(d),
130B(1) and 130D(3) and (4), for "Director-
10 General" (wherever occurring) substitute
"Secretary";
(c) in section 133A(1)--
(i) for "Director-General of Conservation,
Forests and Lands" substitute
15 "Secretary";
(ii) for "him" substitute "the Secretary";
(d) in section 133(4), for "Director-General"
substitute "Secretary";
(e) in sections 133B and 133D(1) and (2), for
20 "Director-General" substitute "Secretary";
(f) in section 140A(3)(a), for "Director-General
of Public Works" substitute "Department
Head of the Department of Natural
Resources and Environment";
25 (g) in section 140B(2), for "Director-General"
substitute "Secretary";
(h) in sections 140DA(1), 140E(1) and 140F(1)
and (6), 151F(3), 168(1) and (2), 173(1),
174(1) and (6), 176(3) and (4) and 188A(1)
30 and (7), for "Director-General" (wherever
occurring) substitute "Secretary";
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(i) in section 201, for "signed by the Director-
General" substitute "under the seal of the
Secretary";
(j) in section 201A, for "or the Director-
5 General" substitute ", the Department Head
of the Department of Natural Resources and
Environment or the Secretary";
(k) in section 349(1), for "Director-General"
substitute "Secretary";
10 (l) in section 355--
(i) for "the Minister of Public Works"
substitute "Minister administering
Part 7 of the Financial Management
Act 1994";
15 (ii) for "Director-General by writing has
certified" substitute "Secretary has
certified by writing under seal";
(m) in section 400, 404(1) and (4), 406(2) and
411, for "Director-General" substitute
20 "Secretary";
(n) in Schedule Seven A, for "Director-General
of Conservation, Forests and Lands"
substitute "Secretary to the Department of
Natural Resources and Environment".
25 12. Land Conservation (Vehicle Control) Act 1972
(1) In section 5 of the Land Conservation (Vehicle
Control) Act 1972--
(a) in sub-sections (1) and (2), for "Director-
General of Conservation, Forests and Lands"
30 substitute "Secretary";
(b) in sub-section (3), for "Department of
Property and Services" substitute
"Department of Natural Resources and
Environment";
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(2) In section 5 of the Land Conservation (Vehicle
Control) Act 1972, for sub-section (6)
substitute--
'(6) In this section--
5 "proper authority"--
(a) in relation to public land vested in
or under the management or
control of a person or body means
that person or body; and
10 (b) in relation to any other public land
means the Minister;
"Secretary" means the body corporate
established by Part 2 of the
Conservation, Forests and Lands Act
15 1987.'.
13. Melbourne and Metropolitan Board of Works Act
1958
In the Melbourne and Metropolitan Board of
Works Act 1958--
20 (a) in section 3--
(i) the definition of "Director-General" is
repealed;
(ii) insert--
' "Secretary" means the body
25 corporate established by Part 2 of
the Conservation, Forests and
Lands Act 1987;';
(b) in section 259, in the definition of "public
corporation", for "Director-General"
30 substitute "Secretary";
(c) in section 264(6), for "Director-General"
(where twice occurring) substitute
"Secretary";
18
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(d) in section 282(2), for "Director-General"
(where twice occurring) substitute
"Secretary".
14. National Parks Act 1975
5 In sections 3(2), 21A, 25B(1), (2), (4), (5) and (6)
and 30A(1)(c) of the National Parks Act 1975,
for "Director-General of Conservation, Forests
and Lands" (wherever occurring) substitute
"Secretary".
10 15. Transfer of Land (Single Register) Act 1998
In the Schedule to the Transfer of Land (Single
Register) Act 1998, in items 12.2, 12.4, 12.8,
12.10, 25.1 and 25.2, for "Director-General"
(wherever occurring) substitute "Secretary".
15 16. Valuation of Land Act 1960
In section 2(7) of the Valuation of Land Act
1960, for "Director-General of Conservation,
Forests and Lands" substitute "Secretary within
the meaning of the Conservation, Forests and
20 Lands Act 1987".
17. Victorian Plantations Corporation Act 1993
(1) In section 3 of the Victorian Plantations
Corporation Act 1993--
(a) the definition of "Director-General" is
25 repealed;
(b) insert--
' "Secretary" means the body corporate
established by Part 2 of the
Conservation, Forests and Lands Act
30 1987;'.
(2) In section 6 of the Victorian Plantations
Corporation Act 1993, for "Director-General or
19
532108B.I1-1/9/98
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Act 1998
s. 18
19
Act No.
Secretary to the Department of Conservation and
Natural Resources" substitute "Secretary".
(3) In sections 10(1), 11 and 15(1) and (5) of the
Victorian Plantations Corporation Act 1993,
5 for "Director-General" (wherever occurring)
substitute "Secretary".
(4) In section 15(4) of the Victorian Plantations
Corporation Act 1993 for "Director-General"
substitute "Secretary".
10 (5) In sections 17(3), 17A(2), 21(1), 23(1), 25(2) and
(3), 28 and 29(1) and (2) of the Victorian
Plantations Corporation Act 1993, for
"Director-General" (wherever occurring)
substitute "Secretary".
15 Division 2--References to Secretary as Department Head
18. Archaeological and Aboriginal Relics Preservation
Act 1972
In section 5(1)(b) of the Archaeological and
Aboriginal Relics Preservation Act 1972--
20 (a) for sub-paragraph (iv) substitute--
"(iv) one being the Department Head of the
Department of Natural Resources and
Environment or his or her nominee;";
(b) sub-paragraphs (vi) and (vii) are repealed.
25 19. Broiler Chicken Industry Act 1978
In the Broiler Chicken Industry Act 1978--
(a) in section 2--
(i) the definition of "Secretary" is
repealed;
30 (ii) insert--
20
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Act 1998
s. 22
Act No.
' "Department Head" means the
Department Head (within the
meaning of the Public Sector
Management and Employment
5 Act 1998) of the Department of
Natural Resources and
Environment.'.
(b) in section 5, for "Secretary" (where twice
occurring) substitute "Department Head".
10 20. Electoral Boundaries Commission Act 1982
In section 13(1) of the Electoral Boundaries
Commission Act 1982, for "Director-General of
Conservation, Forests and Lands" substitute
"Department Head of the Department of Natural
15 Resources and Environment".
21. Environment Conservation Council Act 1997
In the Environment Conservation Council Act
1997--
(a) in section 3, the definition of "Secretary" is
20 repealed;
(b) in section 19(1), for "Secretary" substitute
"Department Head of the Department of
Natural Resources and Environment";
(c) in section 19(3)--
25 (i) for "Secretary" (where first occurring)
substitute "Department Head of the
Department of Natural Resources and
Environment";
(ii) for "Secretary" (where secondly
30 occurring) substitute "Department
Head".
22. Extractive Industries Development Act 1995
21
532108B.I1-1/9/98
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
Act No.
In the Extractive Industries Development Act
1995--
(a) in section 3(1)--
(i) the definitions of "Director-General"
5 and "Secretary" are repealed;
(ii) insert--
' "Department Head" means the
Department Head (within the
meaning of the Public Sector
10 Management and Employment
Act 1998) of the Department;';
(b) in section 3(2), for ' "Director-General" '
substitute ' "Department Head" ';
(c) in section 17--
15 (i) in sub-sections (1) and (6), for
"Secretary" substitute "Department
Head";
(ii) sub-sections (2), (4) and (5) are
repealed;
20 (iii) in sub-section (6) omit "or, if sub-
section (2) applies, within 1 month after
comments are given under sub-section
(4)(a)";
(d) in section 18, for "Secretary" (wherever
25 occurring) substitute "Department Head";
(e) in section 18(6)--
(i) omit "and" at the end of paragraph (a);
(ii) paragraph (b) is repealed;
(f) in section 22(3)--
30 (i) omit "and" at the end of paragraph (a);
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23
Act No.
(ii) paragraph (b) is repealed;
(g) in sections 26(1) and (2) and 31, for
"Secretary" (wherever occurring) substitute
"Department Head";
5 (h) in section 32, for paragraph (b) substitute--
"(b) be prepared by the applicant for the
work authority after consultation with
the owner of the land, if the land is
private land.";
10 (i) in section 33--
(i) in sub-section (2), for paragraphs (a)
and (b) substitute "to the satisfaction
of the Minister";
(ii) in sub-section (4), paragraph (a) is
15 repealed;
(j) in section 35(1), for paragraphs (a) and (b)
substitute "the Minister";
(k) in sections 38, 39(1), (2), (4) and (5), 40(1)
and (2) and 41(5), for "Secretary" (wherever
20 occurring) substitute "Department Head";
(l) in section 54--
(i) for "Secretary" (wherever occurring)
substitute "Department Head";
(ii) for "officer of" (where twice occurring)
25 substitute "employee in".
23. Health Act 1958
In section the Health Act 1958--
(a) in section 81(2)(b), for "Director-General of
Water Resources" substitute "Department
30 Head of the Department of Natural
Resources and Environment";
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532108B.I1-1/9/98
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Act No.
(b) in section 418, for "Director-General of
Conservation, Forests and Lands" substitute
"Department Head of the Department of
Natural Resources and Environment".
5 24. Melbourne Market Authority Act 1977
In section 40(2) of the Melbourne Market
Authority Act 1977, for paragraph (c)
substitute--
"(c) the Department Head of the Department of
10 Natural Resources and Environment or a
person nominated by him or her;".
25. Murray Valley Citrus Marketing Act 1989
In section 3(1) of the Murray Valley Citrus
Marketing Act 1989, in the definition of "State
15 director", for "Chief Administrator" substitute
"Department Head".
26. Pipelines Act 1967
(1) In the Pipelines Act 1967--
(a) in section 23(1) and (2), for "Director-
20 General of Conservation, Forests and Lands"
substitute "Department Head of the
Department of Natural Resources and
Environment";
(b) in section 41(2), for "Director-General of
25 Industry, Technology and Resources"
substitute "Department Head of the
Department of Natural Resources and
Environment";
(c) in section 47(2)(c), for "Director-General of
30 Industry, Technology and Resources"
substitute "Department Head of the
Department of Natural Resources and
Environment".
24
532108B.I1-1/9/98
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Act 1998
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29
Act No.
(2) In section 42(1)(b) of the Pipelines Act 1967, for
"Secretary to the Department of Infrastructure"
substitute "Department Head of the Department
of Natural Resources and Environment".
5 27. Prevention of Cruelty to Animals Act 1986
In the Prevention of Cruelty to Animals Act
1986--
(a) in section 3(1)--
(i) the definition of "Secretary" is
10 repealed;
(ii) insert--
' "Department Head" means the
Department Head (within the
meaning of the Public Sector
15 Management and Employment
Act 1998) of the Department;';
(b) in sections 16(1), (2) and (3), 26(1), (2)(j),
(3) and (4), 28(2), 29(1), (2)(c), (3) and (4),
33(1), 38(2) and 42(1)(f), for "Secretary"
20 (wherever occurring) substitute
"Department Head".
28. State Electricity Commission Act 1958
In section 105(1) and (2) of the State Electricity
Commission Act 1958, for "Secretary for Lands"
25 substitute "Department Head of the Department
of Natural Resources and Environment".
29. Water Act 1989
In the Water Act 1989--
(a) in section 3(1)--
30 (i) the definition of "Director-General" is
repealed;
(ii) insert--
25
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Act 1998
s. 30
Act No.
' "Department Head" means the
Department Head (within the
meaning of the Public Sector
Management and Employment
5 Act 1998) of the Department;';
(b) in section 3(1A), for ' "Director-General" '
substitute ' "Department Head" ';
(c) in section 24(2), for "Director-General of
Conservation, Forests and Lands" substitute
10 "Department Head";
(d) in section 48, for "Director-General"
(wherever occurring) substitute
"Department Head";
(e) in sections 69(3)(b) and 130(4) and (6), for
15 "Director-General of Conservation, Forests
and Lands" (wherever occurring) substitute
"Department Head";
(f) in section 310(2), for "Director-General"
(where twice occurring) substitute
20 "Department Head";
(g) in section 319, for "Director-General"
(wherever occurring) substitute
"Department Head";
(h) in clause 6 of Schedule 7, for "Director-
25 General of Conservation, Forests and Lands"
substitute "Department Head".
Division 3--References to Secretary as body corporate and
Department Head
30. Country Fire Authority Act 1958
30 In the Country Fire Authority Act 1958--
(a) in section 3 insert--
26
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Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
s. 31
Act No.
' "Secretary" means the body corporate
established by Part 2 of the
Conservation, Forests and Lands Act
1987;';
5 (b) in section 4, for "Director-General of
Conservation, Forests and Lands" substitute
"Department Head of the Department of
Natural Resources and Environment";
(c) in sections 33, 51 and 52(2B), for "Director-
10 General of Conservation, Forests and Lands"
(wherever occurring) substitute "Secretary";
(d) in section 52(2), for paragraph (c)
substitute--
"(c) not more than four representatives of
15 the Secretary appointed by the
Authority upon nomination by the
Secretary;";
(e) in section 54(2)(e)--
(i) for "Director-General of Conservation,
20 Forests and Lands" substitute
"Secretary";
(ii) for "Director-General" substitute
"Secretary".
31. Mineral Resources Development Act 1990
25 In the Mineral Resources Development Act
1990--
(a) in section 4(1)--
(i) the definition of "chief administrator" is
repealed;
27
532108B.I1-1/9/98
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Act No.
(ii) in paragraph (b) of the definition of
"occupier", for "Director-General"
substitute "Secretary";
(iii) in paragraph (a) of the definition of
5 "dispute", for "chief administrator"
substitute "Department Head";
(iv) insert--
' "Department Head" means the
Department Head (within the
10 meaning of the Public Sector
Management and Employment
Act 1998) of the Department;';
(b) in section 15(3) and (4), 16(1) and (2), 18,
19(2), 20(1) and (4), 22, 24(3), 39(2) and (4)
15 and 40(1), (2A) and (4), for "chief
administrator" (wherever occurring)
substitute "Department Head";
(c) in section 41--
(i) in sub-sections (1) and (3), for "chief
20 administrator" substitute "Department
Head";
(ii) sub-section (4) is repealed;
(d) in sections 41A(1) and 42(1), (2) and (7)(c),
for "chief administrator" (wherever
25 occurring) substitute "Department Head";
(e) in section 50(1), for paragraphs (a) and (b)
substitute--
"(a) one is the Department Head; and
(b) one is an employee in the Department
30 nominated by the Department Head;
and"
28
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32
Act No.
(f) in sections 56, 57 and 60, for "chief
administrator" (wherever occurring)
substitute "Department Head";
(g) in section 61--
5 (i) in sub-sections (1) and (2), for "chief
administrator" substitute "Department
Head";
(ii) sub-section (3) is repealed;
(h) in section 78(1), for "chief administrator"
10 substitute "Department Head";
(i) in section 79(b)--
(i) omit "; or" at the end of sub-paragraph
(i);
(ii) sub-paragraph (ii) is repealed;
15 (j) in section 80--
(i) in sub-section (2), paragraph (a) is
repealed;
(ii) in sub-section (3), for "joint satisfaction
of the Minister and the Director-
20 General (as defined in the
Conservation, Forests and Lands Act
1987)" substitute "satisfaction of the
Minister";
(k) in section 82(1), for "and the Director-
25 General (as defined in the Conservation,
Forests and Lands Act 1987) are satisfied"
substitute "is satisfied";
(l) in section 94(1), (2), (4) and (5), 95(1) and
(2), 98, 115(3)(b), 118(1)(a), 120 and 121(1),
30 for "chief administrator" (wherever
occurring) substitute "Department Head".
32. Royal Botanic Gardens Act 1991
29
532108B.I1-1/9/98
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
Act No.
In the Royal Botanic Gardens Act 1991--
(a) in section 3(1)--
(i) the definition of "Director-General" is
repealed;
5 (ii) insert--
' "Secretary" means the body
corporate established by Part 2 of
the Conservation, Forests and
Lands Act 1987;';
10 (b) in section 3, sub-section (3) is repealed;
(c) in sections 32, 33 and 44, for "Director-
General" (wherever occurring) substitute
"Secretary";
(d) in clause 1(2) of Schedule 2, for "Director-
15 General" substitute "Department Head of
the Department of Natural Resources and
Environment".
_______________
30
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Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
s. 33
Act No.
PART 3--AMENDMENT OF COASTAL MANAGEMENT ACT
1995
33. Purposes
In section 1(a) of the Coastal Management Act
5 1995, for "Victorian Coastal and Bay
Management Council" substitute "Victorian
Coastal Council".
34. Definitions
In section 3(1) of the Coastal Management Act
10 1995, for the definition of "Council" substitute--
' "Council" means the Victorian Coastal Council
established under Part 2;'.
35. Heading to Division 1 of Part 2
For the heading to Division 1 of Part 2 of the
15 Coastal Management Act 1995 substitute--
"Division 1--Victorian Coastal Council".
36. Change of name of Council
In section 6 of the Coastal Management Act
1995 for "Victorian Coastal and Bay Management
20 Council" substitute "Victorian Coastal Council".
37. Membership of Council
In section 7 of the Coastal Management Act
1995 for sub-sections (2) and (3) substitute--
"(2) In recommending persons for appointment as
25 members of the Council, the Minister must
have regard to the need for the members to
have between them experience and
knowledge of conservation, tourism,
business, recreation, commerce, issues
30 relating to indigenous peoples, community
31
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Act 1998
s. 38
Act No.
affairs, town planning, local government and
coastal engineering.".
38. Membership of Boards
(1) In section 11 of the Coastal Management Act
5 1995 for "10 members" substitute "12 members".
(2) In section 11 of the Coastal Management Act
1995 for sub-sections (2) and (3) substitute--
"(2) In appointing persons as members of a
Board, the Minister must have regard to the
10 need for the members to have between them
experience and knowledge of conservation,
tourism, business, recreation, commerce,
issues relating to indigenous peoples,
community affairs, town planning, local
15 government and coastal engineering.".
39. New section 11A inserted
After section 11 of the Coastal Management Act
1995 insert--
"11A. Membership of Board not an office of profit
20 A member of a Board shall not be taken to
hold an office or place of profit under the
Crown which would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
25 Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or Legislative
Assembly; or
(c) prevent the member continuing to be a
30 member of the Legislative Council or
Legislative Assembly; or
32
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Act 1998
s. 40
Act No.
(d) subject the member to liability to pay a
penalty under the Constitution Act
1975.".
40. New Part 4 substituted
5 For Part 4 of the Coastal Management Act 1995
substitute--
"PART 4--TRANSITIONAL
41. Saving of Council
The Victorian Coastal Council is deemed to
10 be the same body as the Victorian Coastal
and Bay Management Council despite the
change in its name and any change in its
membership resulting from the amendment
of this Act by the Conservation, Forests
15 and Lands (Miscellaneous Amendments)
Act 1998.
42. Saving of Boards
A Board is deemed to be the same body
despite any change in its membership
20 resulting from the amendment of this Act by
the Conservation, Forests and Lands
(Miscellaneous Amendments) Act 1998.".
41. Amendment of Schedule
(1) In clause 1 of the Schedule to the Coastal
25 Management Act 1995, in the definition of
"body", for paragraph (a) substitute--
"(a) the Victorian Coastal Council; or".
(2) In clause 2 of the Schedule to the Coastal
Management Act 1995--
33
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Act 1998
s. 41
Act No.
(a) in sub-clause (1) omit "a representative of a
Government Department or"; and
(b) sub-clause (2) is repealed.
(3) At the end of clause 3 of the Schedule to the
5 Coastal Management Act 1995 insert--
"(2) Despite sub-clause (1), a member of a Board
who is also a member of the Legislative
Council or a member of the Legislative
Assembly is not entitled to receive fees and
10 travelling and other allowances as a member
of the Board.".
(4) After clause 9(3) of the Schedule to the Coastal
Management Act 1995 insert--
"(4) A member of a sub-committee is entitled to
15 receive the fees and travelling and other
allowances from time to time fixed by the
Minister.".
_______________
34
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Act 1998
s. 42
Act No.
PART 4--AMENDMENT OF CROWN LAND (RESERVES)
ACT 1978
42. Reference to Coastal Council
In section 4(3) of the Crown Land (Reserves)
5 Act 1978 for "Victorian Coastal and Bay
Management Council" substitute "Victorian
Coastal Council".
_______________
35
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Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
s. 43
Act No.
PART 5--AMENDMENT OF PARKS VICTORIA ACT 1998
43. Powers of Parks Victoria
After section 4(2)(d) of the Parks Victoria Act
1998 insert--
5 "(da) may take land on lease and grant sub-leases
of leased land; and".
44. Statute law revision
In section 21(h) of the Parks Victoria Act 1998
for "section 7" substitute "section 8".
10
36
532108B.I1-1/9/98
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Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
37
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Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998
Act No.
38
532108B.I1-1/9/98
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