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PARLIAMENT OF VICTORIA
Crown Land Acts Amendment (Lease and Licence
Terms) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE CROWN LAND (RESERVES)
ACT 1978 3
3 Definitions 3
4 Provisions as to committees of management incorporated under
section 14A 3
5 Power of incorporated committees to lease land 4
6 Powers of committees of management 4
7 Powers of trustees or committees of managements 4
8 New section 17AB inserted 4
17AB Governor in Council may by Order confer certain
leasing and licensing powers to Health Minister 4
9 Licences for purposes other than those for which land is reserved 7
10 New section 17BAA inserted 7
17BAA Licence may be granted for term greater than 10 years in
some circumstances 7
11 New sections 17CA, 17CB and 17CC inserted 9
17CA Leases for up to 65 years for other purposes 9
17CB Parliamentary scrutiny of the leasing of certain land 11
17CC Role of committee of management for leases granted
under section 17CA 12
12 Leases for purposes other than those for which land is reserved 13
13 Parliamentary scrutiny of certain proposals 15
14 New section 17G inserted 15
17G Leases may provide for removal of buildings and
restoration of land 15
561279B.I-5/5/2009 i BILL LA INTRODUCTION 5/5/2009
Clause Page
15 New Part 3A inserted 15
PART 3A--TOUR OPERATOR LICENCES 15
21A Offence to conduct organised tour or recreational
activity on reserved land if unlicensed 15
21B Grant of tour operator licence 16
21C Application for tour operator licence 16
21D Requirement to pay annual licence fees after grant of
tour operator licence 17
21E Tour operator licence conditions 17
21F Contravention of condition an offence 17
21G Variation of tour operator licence 18
21H Suspension of tour operator licence 18
21I Making submissions on suspension 19
21J Cancellation of tour operator licence 19
16 New section 31 inserted 21
31 Tour operator licence regulations 21
17 New Division 7 inserted in Part 6 23
Division 7--Further transitional provisions 2009 Act 23
69 Definition 23
70 Tour operator licences 23
PART 3--AMENDMENT OF THE FORESTS ACT 1958 24
18 Definition 24
19 Section 51 of the Forests Act 1958 substituted 24
51 Leases of land in reserved forests 24
20 Licences and permits with respect to forests 25
21 New tour operator licence provisions 27
Tour operator licences 27
57E Offence to conduct organised tour or recreational
activity on Crown land in reserved forest if unlicensed 27
57F Grant of tour operator licence 28
57G Application for tour operator licence 28
57H Requirement to pay annual licence fee after grant of
tour operator licence 29
57I Tour operator licence conditions 29
57J Contravention of condition an offence 29
57K Variation of tour operator licence 29
57L Suspension of tour operator licence 30
57M Making submissions on suspension 31
57N Cancellation of tour operator licence 31
22 Offences 32
561279B.I-5/5/2009 ii BILL LA INTRODUCTION 5/5/2009
Clause Page
23 New section 100A inserted 33
100A Tour operator licence regulations 33
24 New section 101A inserted 35
101A Tour operator licence offence 35
PART 4--AMENDMENT OF THE LAND ACT 1958 36
25 Definition 36
26 Governor in Council may convey land under this Part 36
27 Minister may lease Crown land under this subdivision 36
28 Term of lease 37
29 Terms and conditions 37
30 New licensing provisions in relation to activity providers and
tour operators inserted 38
Tour operator licences 38
140H Offence to conduct organised tour or recreational
activity on Crown land if unlicensed 38
140I Grant of tour operator licence 39
140J Application for tour operator licence 39
140K Requirement to pay annual fee on grant of tour operator
licence 40
140L Tour operator licence conditions 40
140M Contravention of condition an offence 40
140N Variation of licence to operate as activity provider or
tour operator on Crown land 41
140O Suspension of tour operator licence 41
140P Making submissions on suspension 42
140Q Cancellation of tour operator licence 43
31 New section 218 inserted 44
218 Leases may provide for removal of buildings and
restoration of land 44
32 Reopening of licensed closed road or water frontage 44
33 New section 413A inserted 44
413A Tour operator licence regulations 44
34 New Part XV inserted 46
PART XV--TRANSITIONAL PROVISIONS 46
414 Definition 46
415 Leases for non-agricultural purposes 47
416 Tour operator licence offence 47
561279B.I-5/5/2009 iii BILL LA INTRODUCTION 5/5/2009
Clause Page
PART 5--AMENDMENT OF THE NATIONAL PARKS ACT 1975 48
35 Definition 48
36 Secretary may grant certain permits etc. 48
37 New Division 3A inserted in Part III 48
Division 3A--Tour operator licences 49
27C Offence to conduct organised tour or recreational activity
in a park if unlicensed 49
27D Grant of tour operator licence 49
27E Application for tour operator licence 50
27F Requirement to pay annual fees after grant of tour
operator licence 50
27G Tour operator licence conditions 50
27H Contravention of condition an offence 51
27I Variation of tour operator licence 51
27J Suspension of tour operator licence 51
27K Making submissions on suspension 52
27L Cancellation of tour operator licence 53
38 Trades or businesses not to be carried on in parks unless
authorised 54
39 New section 48AA inserted 54
48AA Tour operator licence regulations 54
40 New sections 76 and 77 inserted 56
76 Definition 56
77 Tour operator licences 56
PART 6--AMENDMENT OF THE WILDLIFE ACT 1975 58
41 Definition 58
42 New Part IIA inserted 58
PART IIA--TOUR OPERATOR LICENCES 58
21A Offence to conduct organised tour or recreational
activity on State Wildlife Reserve if unlicensed 58
21B Grant of tour operator licence 59
21C Application for tour operator licence 59
21D Requirement to pay annual licence fee after grant of
tour operator licence 60
21E Tour operator licence conditions 60
21F Contravention of condition an offence 60
21G Variation of tour operator licence 60
21H Suspension of tour operator licence 61
21I Making submissions on suspension 62
21J Cancellation of tour operator licence 62
43 Mandatory cancellation of licences 63
561279B.I-5/5/2009 iv BILL LA INTRODUCTION 5/5/2009
Clause Page
44 Consequential amendments 64
45 New section 87A inserted 64
87A Tour operator licence regulations 64
46 New section 96 inserted 66
96 Tour operator licence offence 66
PART 7--AMENDMENT OF THE COASTAL MANAGEMENT
ACT 1995 67
47 Definition 67
48 Contents of management plan 67
49 Decision of Minister 68
PART 8--AMENDMENT OF OTHER ACTS 69
Division 1--Amendment of Conservation, Forests and Lands Act
1987 69
50 Secretary to be body corporate 69
51 Secretary to be subject to control 69
Division 2--Amendment of Land (Revocations and Other Matters)
Act 1991 69
52 Revocation of reservation and Crown grant 69
53 New section 12 inserted 70
12 Effect of amendment made by Crown Land Acts
Amendment (Lease and Licence Terms) Act 2009 70
Division 3--Amendment of Fraser National Park Act 1957 70
54 Amendment of First Schedule 70
55 New section 7 inserted 70
7 Effect of amendment made by Crown Land Acts
Amendment (Lease and Licence Terms) Act 2009 70
PART 9--REPEAL OF AMENDING ACT 71
56 Repeal of amending Act 71
ENDNOTES 72
561279B.I-5/5/2009 v BILL LA INTRODUCTION 5/5/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crown Land Acts Amendment (Lease
and Licence Terms) Bill 2009
A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the
Forests Act 1958, the Land Act 1958, the National Parks Act 1975,
the Wildlife Act 1975, the Coastal Management Act 1995 and other
Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are to amend--
(a) the Crown Land (Reserves) Act 1978, the
5 Forests Act 1958, the Land Act 1958, the
National Parks Act 1975 and the Wildlife
Act 1975 to provide a licensing scheme for
tour operators and activity providers on
public land;
561279B.I-5/5/2009 1 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 1--Preliminary
s. 2
(b) the Crown Land (Reserves) Act 1978 and
the Forests Act 1958 to increase the
maximum lease term from 21 years to
65 years;
5 (c) the Crown Land (Reserves) Act 1978 to
increase the maximum licence term from
3 years to 10 years;
(d) the Crown Land (Reserves) Act 1978 and
the Land Act 1958 to provide for licence
10 terms greater than 10 years in circumstances
where the licensee holds a lease over
adjacent land;
(e) the Crown Land (Reserves) Act 1978, the
Forests Act 1958, the Land Act 1958, the
15 Coastal Management Act 1995, the
Conservation, Forests and Lands Act
1987, the Land (Revocations and Other
Matters) Act 1991 and the Fraser National
Park Act 1957 to enhance the operation of
20 those Acts generally.
2 Commencement
(1) This Act, except sections 3(2), 15 to 18, 21 to 25,
30, 33 and Parts 5 and 6, comes into operation on
the day after the day on which it receives the
25 Royal Assent.
(2) Subject to subsection (3), sections 3(2), 15 to 18,
21 to 25, 30, 33 and Parts 5 and 6 come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
30 not come into operation before 1 July 2011, it
comes into operation on that day.
__________________
561279B.I-5/5/2009 2 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 3
PART 2--AMENDMENT OF THE CROWN LAND
(RESERVES) ACT 1978
3 Definitions
(1) Insert the following definition in section 3 of the See:
Act No.
5 Crown Land (Reserves) Act 1978-- 9212.
Reprint No. 9
"responsible Minister means-- as at
15 January
(a) the Minister administering this Act; or 2009
and
(b) if powers under this Act have been amending
Act Nos
conferred on another Minister by Order 64/2004 and
10 under section 17AB, that Minister;". 6/2009.
LawToday:
www.
(2) Insert the following definitions in section 3 of the legislation.
Crown Land (Reserves) Act 1978-- vic.gov.au
"land manager, for the purposes of Part 3A,
means--
15 (a) in relation to land reserved under
section 4 that is managed by trustees or
a committee of management, the
trustees or committee of management;
or
20 (b) in relation to land reserved under
section 4 that is not managed by
trustees or a committee of management,
the Secretary;
tour operator licence means a licence granted
25 under section 21B;".
4 Provisions as to committees of management
incorporated under section 14A
In section 14B(3) of the Crown Land (Reserves)
Act 1978, for "Governor in Council" substitute
30 "Minister".
561279B.I-5/5/2009 3 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 5
5 Power of incorporated committees to lease land
In section 14D(2) of the Crown Land (Reserves)
Act 1978--
(a) in paragraph (a), after "years;" insert "and";
5 (b) paragraph (b) is repealed.
6 Powers of committees of management
After section 15(9) of the Crown Land
(Reserves) Act 1978 insert--
"(9A) This section applies to a committee of
10 management of any land appointed under
section 14 where the land in respect of which
the committee is appointed is leased by the
Minister under section 17CA and the
management of the lease is conferred on the
15 committee by the lease, to the extent that it is
not inconsistent with the lease.".
7 Powers of trustees or committees of managements
Section 17(2)(c)(i) of the Crown Land
(Reserves) Act 1978 is repealed.
20 8 New section 17AB inserted
After section 17A of the Crown Land (Reserves)
Act 1978 insert--
"17AB Governor in Council may by Order confer
certain leasing and licensing powers to
25 Health Minister
(1) The Governor in Council, on the joint
recommendation of the Minister and a
Minister who administers a section of the
Health Services Act 1988 (Health Minister)
30 may, by Order, confer any one or more of the
powers in respect of land reserved under
section 4 that are set out in subsections (2)
and (3) on the Health Minister.
561279B.I-5/5/2009 4 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 8
(2) For the purposes of subsection (1), the
following licensing powers may be conferred
on the Health Minister where the land is
managed by the trustees or a committee of
5 management--
(a) the power to approve in writing the
grant of, and purpose of, a licence
under section 17B(1) to be granted by
the trustees or a committee of
10 management over that land in the
Order; and
(b) the power to approve the terms and
conditions to which a licence under
section 17B to be granted by the
15 trustees or a committee of management
over the land is subject.
(3) For the purposes of subsection (1), the
following leasing powers may be conferred
on the Health Minister--
20 (a) where the land is managed by trustees
or a committee of management--
(i) the power to approve in writing
the grant of, and purpose of, a
lease of land under section 17D to
25 be granted by the trustees or
committee of management over
the land; and
(ii) the power to approve any
covenants, exceptions,
30 reservations and conditions as
determined by the trustees or
committee of management in
relation to a lease of the land
granted under section 17D;
561279B.I-5/5/2009 5 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 8
(b) where there are no trustees or
committee of management, the power
to grant leases of land under section
17D(1A) for any purpose.
5 (4) An Order under subsection (1)--
(a) must be published in the Government
Gazette; and
(b) takes effect on publication or a later
date specified in the Order.
10 (5) An Order in Council under subsection (1)
must specify--
(a) the land to which the Order applies;
(b) the powers in respect of the land, under
section 17B or section 17D that are
15 being conferred on the Health Minister;
(c) the period for which the Order will be
in force.
(6) On and after the expiration or cancellation of
powers conferred under an Order under this
20 section, if there is in force immediately
before the expiration or cancellation a lease
or licence to which the Health Minister is a
party, the Minister is taken to be substituted
for the Health Minister as the party to the
25 licence or lease.
(7) The Minister continues to have the powers
conferred under this Act in respect of the
land specified in an Order under this section
to the extent that those powers are not
30 conferred on the Health Minister.
(8) The committee of management must notify
the Department of Sustainability and
Environment of any licence or lease entered
into pursuant to a power conferred by an
35 Order under this section.
561279B.I-5/5/2009 6 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 9
(9) The Minister must not exercise a power
conferred by an Order under this section on
the Health Minister in relation to land
specified in the Order while that Order
5 remains in force.".
9 Licences for purposes other than those for which
land is reserved
In section 17B(1) of the Crown Land (Reserves)
Act 1978--
10 (a) for "the Minister" (wherever occurring)
substitute "the responsible Minister";
(b) in paragraphs (a) and (b), for "three"
substitute "10";
(c) paragraph (c)(i) is repealed;
15 (d) in paragraph (c)(ii), for "three" substitute
"10";
(e) in paragraph (c)(iii), for "the Minister"
substitute "the responsible Minister".
10 New section 17BAA inserted
20 After section 17B of the Crown Land (Reserves)
Act 1978 insert--
"17BAA Licence may be granted for term greater
than 10 years in some circumstances
(1) Despite section 17B(1), where land reserved
25 under section 4 is managed by trustees or a
committee of management, the trustees or
committee of management may, with the
approval in writing of the Minister given in
accordance with subsection (6), grant a
30 licence under section 17B(1) if the proposed
licensee is leasing--
(a) land adjacent to the land in respect of
which the licence may be granted; and
561279B.I-5/5/2009 7 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 10
(b) the adjacent land is under the
management of the trustees or
committee of management.
(2) A licence granted under subsection (1) may
5 be for a period not exceeding whichever is
the lesser of the following--
(a) 21 years;
(b) the term of the lease granted in respect
of the adjacent land.
10 (3) Despite section 17B(1), where there are no
trustees or committee of management of land
reserved under section 4, the Secretary or
any person authorized by the Secretary may,
with the approval in writing of the Minister
15 given in accordance with subsection (6)
grant a licence under section 17B(1) if the
proposed licensee is leasing land adjacent to
the land in respect of which the licence may
be granted.
20 (4) A licence granted under subsection (3) may
be for a period not exceeding whichever is
the lesser of the following--
(a) 21 years;
(b) the term of the lease granted in respect
25 of the adjacent land.
(5) The trustees or committee of management in
granting a licence under subsection (1), or
the Secretary in granting a licence under
subsection (3), must be satisfied that a
30 licence term longer than 10 years is
necessary to ensure the proposed licensee
has continued use of the land in respect of
which the licence would be granted for the
duration of the lease for the adjacent land.
561279B.I-5/5/2009 8 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 11
(6) The Minister must not give approval under
subsection (1) or (3) unless he or she is
satisfied that the purpose for which the
licence is to be granted is not detrimental to
5 the purpose for which the land is reserved.".
11 New sections 17CA, 17CB and 17CC inserted
After section 17C of the Crown Land (Reserves)
Act 1978 insert--
"17CA Leases for up to 65 years for other
10 purposes
(1) Subject to section 17CC(1), where land
reserved under section 4 is managed by
trustees or a committee of management,
despite any vesting of the land in the trustees
15 or committee of management, the Minister
may lease any part of the land for a specific
term that is more than 21 years, but not more
than 65 years, if the Minister is satisfied
that--
20 (a) the purpose for which the lease is to be
granted is not detrimental to the
purpose for which the land is reserved;
and
(b) the proposed use, development,
25 improvements or works that are
specified in the lease are of a
substantial nature and of a value which
justifies a longer term lease; and
(c) the granting of a longer term lease is in
30 the public interest.
(2) Where there are no trustees or committee
of management for land reserved under
section 4, the Minister may lease any part of
the land for a specific term that is more than
35 21 years, but not more than 65 years, if the
Minister is satisfied that--
561279B.I-5/5/2009 9 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 11
(a) the purpose for which the lease is to be
granted is not detrimental to the
purpose for which the land is reserved;
and
5 (b) the proposed use, development,
improvements or works that are
specified in the lease are of a
substantial nature and of a value which
justifies a longer term lease; and
10 (c) the granting of a longer term lease is in
the public interest.
(3) The Minister must not enter into a lease
under subsection (1) or (2) in respect of any
land that is--
15 (a) reserved for a purpose specified in
section 4(1)(l), (m), (n) or (o); or
(b) specified in Part 1 or Part 3 of the Fifth
Schedule.
(4) The Minister must not enter into a lease
20 under subsection (1) or (2) of land that is--
(a) reserved for a purpose specified in
section 4(1)(w) or (ze); or
(b) deemed by section 4(6) to be reserved
for the protection of the coastline--
25 unless the Minister has, by determination,
given notice of his or her intention to do so,
and--
(c) the Minister has laid the determination
before each House of Parliament; and
30 (d) the determination has not been
disallowed by either House of
Parliament.
561279B.I-5/5/2009 10 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 11
(5) The Minister must publish a determination
under subsection (4) in the Government
Gazette.
(6) The Minister may, for the purposes of
5 entering into a lease of any reserved land
under subsection (1) or (2), enter into an
agreement to lease that land.
(7) If the Minister enters into an agreement to
lease reserved land under subsection (6) and
10 the agreement to lease gives a right to
occupy the land for a period of time, that
period and the period of any lease entered
into consequent on the agreement must not
exceed, when added together, the maximum
15 lease term permitted under this section.
17CB Parliamentary scrutiny of the leasing of
certain land
(1) A determination that is laid before each
House of Parliament under section 17CA(4)
20 is disallowed in whole or in part if--
(a) a notice of a resolution to disallow the
determination is given in a House of the
Parliament on or before the 5th sitting
day of that House after the
25 determination is laid before the House;
and
(b) the resolution is passed by that House
on or before the 10th sitting day of that
House after the giving of the notice of
30 the resolution.
(2) A notice under subsection (1) may be
expressed to apply to the whole or to any
part of the determination.
(3) A resolution that is passed under subsection
35 (1) has effect according to its tenor.
561279B.I-5/5/2009 11 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 11
(4) If a House of Parliament is prorogued or the
Legislative Assembly is dissolved--
(a) the prorogation or dissolution does not
affect the power of the House to pass a
5 resolution under subsection (1); and
(b) the calculation of sitting days of the
House is to be made as if there had
been no prorogation or dissolution.
17CC Role of committee of management for
10 leases granted under section 17CA
(1) Before granting a lease of land under section
17CA(1), the Minister must consult with the
trustees or committee of management for
that land.
15 (2) If the Minister grants a lease of land under
section 17CA(1), the lease may provide for
the management of the lease to be carried out
by the trustees or committee of management.
(3) A power to manage a lease that may be given
20 to trustees or a committee of management
under a lease under subsection (2)--
(a) does not extend to empowering the
trustees or committee of management
to vary, amend or terminate the lease;
25 (b) if the lease so provides, may extend to
empowering the trustees or committee
of management to collect any tolls,
fees, rents, royalties or other charges
that may be imposed in respect of the
30 land.
(4) Any money collected or retained by trustees
or a committee of management under the
lease must be expended on the land in
respect of which the money has been
35 collected or retained.".
561279B.I-5/5/2009 12 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 12
12 Leases for purposes other than those for which land
is reserved
(1) Insert the following heading to section 17D of the
Crown Land (Reserves) Act 1978--
5 "Leases for up to 21 years for other purposes".
(2) For section 17D(1) of the Crown Land
(Reserves) Act 1978 substitute--
"(1) Where land reserved under section 4 is
managed by trustees or a committee of
10 management, the trustees or committee of
management may, with the approval of the
responsible Minister under subsection (3),
lease any part of the land for any purpose
approved by the responsible Minister, for a
15 specific term of not more than 21 years.
(1A) Where there are no trustees or committee
of management of land reserved under
section 4, the responsible Minister may lease
any part of the land for a specific term of not
20 more than 21 years.
(1B) The responsible Minister or the trustees or
committee of management with the approval
in writing of the responsible Minister may,
for the purposes of entering into a lease of
25 any reserved land under subsection (1) or
(1A), enter into an agreement to lease that
land.
(1C) If the responsible Minister or the trustees or
committee of management enter into an
30 agreement to lease reserved land under
subsection (1B) and the agreement to lease
gives a right to occupy the land for a period
of time, that period and the period of any
lease entered into consequent on the
35 agreement must not exceed, when added
561279B.I-5/5/2009 13 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 12
together, the maximum lease term permitted
under this section.".
(3) In section 17D(2) of the Crown Land (Reserves)
Act 1978--
5 (a) for "Subsection (1) shall not apply to"
substitute "A lease must not be entered into
under subsection (1) or (1A) in relation to";
(b) in paragraph (a)(i), after "lease under
subsection (1)" insert "or (1A)";
10 (c) in paragraph (a)(ii), for "the Minister"
substitute "the responsible Minister".
(4) In section 17D(3) of the Crown Land (Reserves)
Act 1978, after "The" insert "responsible".
(5) In section 17D(4) of the Crown Land (Reserves)
15 Act 1978--
(a) paragraphs (a) and (b) are repealed;
(b) in paragraph (c), for "the Minister"
(wherever occurring) substitute "the
responsible Minister".
20 (6) In section 17D(5) of the Crown Land (Reserves)
Act 1978 after "in subsection (1)" insert
"or (1A)".
(7) In section 17D(6) of the Crown Land (Reserves)
Act 1978 after "under subsection (1)" insert
25 "or (1A)".
(8) In section 17D(7) of the Crown Land (Reserves)
Act 1978--
(a) after "The" insert "responsible";
(b) after "under subsection (1)" insert "or (1A)".
30 (9) In section 17D(8) of the Crown Land (Reserves)
Act 1978 after "under subsection (1)" insert
"or (1A)".
561279B.I-5/5/2009 14 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 13
13 Parliamentary scrutiny of certain proposals
(1) In section 17DA(3) of the Crown Land
(Reserves) Act 1978 for "5, 6 and 6A of the
Subordinate Legislation Act 1962" substitute
5 "15, 22, 23 and 24 of the Subordinate
Legislation Act 1994";
(2) For sections 17DA(3)(b) and 17DA(3)(c) of the
Crown Land (Reserves) Act 1978 substitute--
'(b) in section 23(2)(a) of that Act for "18th"
10 there were substituted "5th"; and
(c) in section 23(2)(b) of that Act for "12th"
there were substituted "10th"; and'.
14 New section 17G inserted
After section 17F of the Crown Land (Reserves)
15 Act 1978 insert--
"17G Leases may provide for removal of
buildings and restoration of land
A lease under this Act may provide that the
lessor may require the lessee to undertake the
20 removal of any building or structure on the
land and the restoration of the site to the
satisfaction of the lessor after the expiry of
the lease.".
15 New Part 3A inserted
25 After Part 3 of the Crown Land (Reserves) Act
1978 insert--
"PART 3A--TOUR OPERATOR LICENCES
21A Offence to conduct organised tour or
recreational activity on reserved land if
30 unlicensed
(1) A person must not conduct an organised tour
or recreational activity for profit on land
561279B.I-5/5/2009 15 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 15
reserved under section 4 unless that person
holds a tour operator licence.
Penalty: In the case of a natural person,
20 penalty units;
5 In the case of a body corporate,
100 penalty units.
(2) Subsection (1) does not apply to a person
who conducts an activity on land reserved
under section 4 and who holds a lease,
10 licence (other than a tour operator licence) or
permit under this Act or the regulations to
conduct that particular activity.
(3) On the recommendation of the Minister, the
Governor in Council may, by Order
15 published in the Government Gazette,
exempt classes of persons from the
requirement to hold a tour operator licence
under subsection (1).
21B Grant of tour operator licence
20 (1) The land manager, with the approval of the
Minister in writing, may grant a licence to a
person to conduct an organised tour or
recreational activity for profit on land
reserved under section 4 to a person who has
25 applied under section 21C.
(2) The land manager may grant a licence under
subsection (1) for a period not exceeding 10
years.
21C Application for tour operator licence
30 (1) A person may apply for a tour operator
licence to the land manager of the land
reserved under section 4 on which the
proposed tour or recreational activity is to
take place.
561279B.I-5/5/2009 16 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 15
(2) An application under subsection (1) must be
accompanied by the fee payable for the first
year of the licence as determined in
accordance with the regulations unless the
5 regulations otherwise provide.
(3) The fee paid by a person under subsection
(2) must be refunded to the person if the
person is not granted a tour operator licence
under section 21B.
10 21D Requirement to pay annual licence fees
after grant of tour operator licence
(1) If the regulations provide for the
determination of an annual licence fee for a
tour operator licence or a class of tour
15 operator licence, the holder of such a licence
must pay the fee determined in accordance
with the regulations in respect of each year
for which the licence is in force.
(2) A licence fee to which subsection (1) applies
20 is payable at the time specified in the
regulations.
21E Tour operator licence conditions
A tour operator licence is subject to--
(a) any conditions determined by the land
25 manager that are specified or referred to
in the licence; and
(b) any prescribed conditions.
21F Contravention of condition an offence
A holder of a tour operator licence must not
30 contravene the conditions of the licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
561279B.I-5/5/2009 17 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 15
21G Variation of tour operator licence
(1) The holder of a tour operator licence may
apply to the land manager for a variation of
the licence or a condition of the licence.
5 (2) On receiving the application under
subsection (1), the land manager may vary
the licence or condition in accordance with
the application.
(3) A variation made by the land manager under
10 subsection (2) has effect on the land manager
giving written notice of the variation to the
licence holder.
(4) The land manager may vary a tour operator
licence, or vary a condition of that licence, of
15 the land manager's own motion if the land
manager is of the opinion that a variation is
required.
(5) A variation made by the land manager under
subsection (4) has effect on the land manager
20 giving written notice of the variation to the
licence holder.
21H Suspension of tour operator licence
(1) If the land manager is satisfied that there are
reasonable grounds to do so, the land
25 manager may suspend a tour operator licence
by notice in writing given to the holder of the
licence.
(2) A suspension under this section has effect--
(a) from the time specified in the notice
30 under subsection (1), which must be no
earlier than the day after the day the
notice is given; and
(b) subject to section 21I, for the period
(not exceeding 90 days) specified in the
35 notice.
561279B.I-5/5/2009 18 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 15
(3) In addition to the details required under
subsection (2), a notice of suspension of
licence given under subsection (1) must--
(a) state that the holder of the tour operator
5 licence may make submissions
regarding the suspension under section
21I;
(b) specify a date or period by which the
submissions must be made.
10 21I Making submissions on suspension
(1) The holder of a tour operator licence whose
licence has been suspended under section
21H may make written submissions in
respect of that suspension to the land
15 manager within the period specified in the
notice of suspension of licence.
(2) The land manager must review the decision
to suspend the licence on receipt of any
submissions made under subsection (1).
20 (3) In carrying out a review under subsection
(2), the land manager--
(a) must have regard to the submissions
made under subsection (1); and
(b) may decide to continue, revoke or
25 amend the suspension.
(4) The land manager must notify the person
whose licence has been suspended of the
outcome of review.
21J Cancellation of tour operator licence
30 (1) The land manager may cancel a tour operator
licence if the land manager is satisfied, on
reasonable grounds, that--
561279B.I-5/5/2009 19 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 15
(a) the holder of the licence has been found
guilty of an offence against this Act or
the regulations; or
(b) the holder of the licence has
5 contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the
land manager must--
(a) notify the holder that the land manager
proposes to cancel the licence; and
10 (b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
(3) Submissions under subsection (2) must be
made within the period specified in the
15 notice.
(4) In making a decision as to whether or not to
cancel a tour operator licence, the land
manager must--
(a) have regard to any submissions made
20 under subsection (2) within the period
specified in the notice; and
(b) must notify the holder of his or her
decision.
(5) The cancellation of a licence has effect from
25 the time specified in the notice of the land
manager's decision under subsection (4),
which must be after the day on which the
notice is given.
__________________".
561279B.I-5/5/2009 20 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 16
16 New section 31 inserted
After section 30 of the Crown Land (Reserves)
Act 1978 insert--
"31 Tour operator licence regulations
5 (1) The Governor in Council may make
regulations for or with respect to--
(a) the fees payable in respect of tour
operator licences including--
(i) requirements for fees to be paid
10 annually; and
(ii) methods for calculating fees,
including by reference to the
following--
(A) numbers of persons that may
15 participate in or have
participated in tours; and
(B) classes of persons that may
participate in or have
participated in tours; and
20 (b) prescribing tour operator licence
conditions.
(2) A power conferred by subsection (1) to make
regulations providing for the imposition of
fees in respect of tour operator licences may
25 be exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
30 (d) fees that vary according to the class of
licence to which they apply;
561279B.I-5/5/2009 21 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 16
(e) the manner of payment of fees,
including the payment of fees by
instalment;
(f) the time at which, or by which, fees are
5 to be paid.
(3) Regulations made under this Act in respect
of tour operator licences may--
(a) leave any matter or thing to be decided
by a specified person or class of person;
10 and
(b) provide for the exemption of persons or
a class of persons from any of the
regulations providing for the imposition
of fees; and
15 (c) provide for the reduction, waiver or
refund, in whole or in part, of the fees
fixed by regulation made under this
section; and
(d) provide, in specified circumstances, for
20 the reinstatement or payment, in whole
or in part, of any fee reduced, waived or
refunded in accordance with the
regulations.
(4) Without limiting subsection (3), if the
25 regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee pursuant
to subsection (3), the reduction, waiver or
refund--
(a) may be expressed to apply either
30 generally or specifically--
(i) in respect of certain matters or
classes of matters;
(ii) in respect of certain persons or
classes of persons;
561279B.I-5/5/2009 22 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 2--Amendment of the Crown Land (Reserves) Act 1978
s. 17
(b) may be subject to specified
conditions.".
17 New Division 7 inserted in Part 6
After Division 6 of Part 6 of the Crown Land
5 (Reserves) Act 1978 insert--
"Division 7--Further transitional provisions
2009 Act
69 Definition
In this Part, 2009 Act means the Crown
10 Land Acts Amendment (Lease and
Licence Terms) Act 2009.
70 Tour operator licences
(1) A person who conducts an organised tour or
recreational activity for profit on land
15 reserved under section 4 without a tour
operator licence on or after the
commencement of section 15 of the 2009
Act, is not guilty of an offence under section
21A if the person applies for a tour operator
20 licence within 4 months from the
commencement of section 15 of the 2009
Act.
(2) Subsection (1) applies to a person referred to
in that subsection who makes a tour operator
25 licence application referred to in that
subsection until the tour operator licence
application of the person is finally
determined.".
__________________
561279B.I-5/5/2009 23 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 18
PART 3--AMENDMENT OF THE FORESTS ACT 1958
18 Definition
See: Insert the following definition in section 3(1) of
Act No.
6254. the Forests Act 1958--
Reprint No. 9
5 as at "tour operator licence means a licence granted
18 May 2006
and
under section 57F.".
amending
Act Nos
60/2005,
24/2006,
63/2006,
58/2007,
54/2008 and
6/2009.
LawToday:
www.
legislation.
vic.gov.au
19 Section 51 of the Forests Act 1958 substituted
For section 51 of the Forests Act 1958
substitute--
10 "51 Leases of land in reserved forests
(1) The Minister may lease any Crown land in a
reserved forest for a term of not more than
21 years for any purpose that the Secretary
recommends.
15 (2) The Minister may lease any Crown land in
a reserved forest for a term of more than
21 years but not more than 65 years, if the
Minister is satisfied that--
(a) the proposed use, development,
20 improvements or works that are
specified in the lease are of a
substantial nature and of a value which
justifies a longer term lease; and
(b) the granting of a longer term lease is in
25 the public interest.
561279B.I-5/5/2009 24 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 20
(3) A lease under this section is subject to--
(a) the covenants, terms and conditions that
are determined by the Minister; and
(b) the payment of royalties as determined
5 by the Minister.
(4) The Minister may, for the purposes of
entering into a lease of any Crown land in a
reserved forest under this section, enter into
an agreement to lease that land.
10 (5) If the Minister enters into an agreement to
lease Crown land in a reserved forest under
subsection (4) and the agreement to lease
grants a right to occupy land for a period of
time, that period and the period of any lease
15 entered into consequent on the agreement
must not, when added together, exceed the
maximum lease term permitted under this
section.".
20 Licences and permits with respect to forests
20 For section 52(1) of the Forests Act 1958
substitute--
"(1) The Minister may grant a licence for a term
of not more than 20 years, subject to any
covenants, terms and conditions that may be
25 prescribed, any additional covenants, terms
and conditions that the Minister considers
appropriate to impose in a particular case,
and the payment of any rent, fees, royalties
or charges that the Minister may determine.
30 (1A) A licence or permit granted under this
section in respect of Crown land in a
reserved forest may be for any one or more
of the following purposes that is specified in
the licence--
35 (a) to graze cattle;
561279B.I-5/5/2009 25 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 20
(b) to graze cattle under agistment;
(c) to occupy an area of not more than
2000 hectares for the exclusive cutting
of timber;
5 (d) to thin, cut and remove timber;
(e) to cut forest produce specified in the
licence;
(f) to dig forest produce specified in the
licence;
10 (g) to take away forest produce specified in
the licence;
(h) to occupy for residence an area of not
more than 04 hectares;
(i) any purpose for which a licence may be
15 granted under Subdivision 2 of
Division 9 of Part I of the Land Act
1958;
(j) any other purpose whatever relating to
or connected with a state forest or
20 forest produce.
(1B) A licence or permit granted under this
section to enter protected forest may be for
any one or more of the following purposes
that is specified in the licence--
25 (a) to cut forest produce specified in the
licence;
(b) to dig forest produce specified in the
licence;
(c) to take away forest produce specified in
30 the licence.
561279B.I-5/5/2009 26 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 21
(1C) A licence or permit granted under this
section to enter land set aside in section
50(1), may be for any one or more of the
following purposes that is specified in the
5 licence--
(a) to provide accommodation;
(b) to store goods and liquid fuels;
(c) to sell goods and liquid fuels;
(d) to erect ski lifts;
10 (e) to operate ski lifts;
(f) to provide any other facility or service
which the Secretary considers
appropriate.
(1D) A licence or permit to which subsection (1C)
15 applies must not be for an area of more than
125 hectares unless the Minister has
approved the granting of the licence or
permit for a greater area.".
21 New tour operator licence provisions
20 After section 57D of the Forests Act 1958
insert--
"Tour operator licences
57E Offence to conduct organised tour or
recreational activity on Crown land in
25 reserved forest if unlicensed
(1) A person must not conduct an organised tour
or recreational activity for profit on Crown
land in a reserved forest unless that person
holds a tour operator licence.
30 Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
561279B.I-5/5/2009 27 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 21
(2) Subsection (1) does not apply to a person
who conducts an activity on Crown land in a
reserved forest and who holds a lease,
licence (other than a tour operator licence) or
5 permit under this Act or the regulations to
conduct that particular activity.
(3) On the recommendation of the Minister, the
Governor in Council may, by Order
published in the Government Gazette,
10 exempt classes of persons from the
requirement to hold a tour operator licence
under subsection (1).
57F Grant of tour operator licence
(1) The Secretary may grant a licence to a
15 person to conduct an organised tour or
recreational activity for profit on Crown land
in a reserved forest to a person who has
applied under section 57G.
(2) The Secretary may grant a licence under
20 subsection (1) for a period not exceeding
10 years.
57G Application for tour operator licence
(1) A person may apply for a tour operator
licence to the Secretary in respect of the land
25 on which the proposed tour or recreational
activity is to take place.
(2) An application under subsection (1) must be
accompanied by the fee payable for the first
year of the licence as determined in
30 accordance with the regulations unless the
regulations otherwise provide.
(3) The fee paid by a person under subsection
(2) must be refunded to the person if the
person is not granted a tour operator licence
35 under section 57F.
561279B.I-5/5/2009 28 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 21
57H Requirement to pay annual licence fee
after grant of tour operator licence
(1) If the regulations provide for the
determination of an annual licence fee for a
5 tour operator licence or a class of tour
operator licence, the holder of such a licence
must pay the fee determined in accordance
with the regulations in respect of each year
for which the licence is in force.
10 (2) A licence fee to which subsection (1) applies
is payable at the time specified in the
regulations.
57I Tour operator licence conditions
A licence granted under section 57F is
15 subject to--
(a) any conditions, determined by the
Secretary, that are specified or referred
to in the licence; and
(b) any prescribed conditions.
20 57J Contravention of condition an offence
The holder of a tour operator licence must
not contravene the conditions of the licence.
Penalty: In the case of a natural person,
20 penalty units;
25 In the case of a body corporate,
100 penalty units.
57K Variation of tour operator licence
(1) The holder of a tour operator licence may
apply to the Secretary for a variation of the
30 licence or a condition of the licence.
(2) On receiving an application under subsection
(1), the Secretary may vary the licence or
condition in accordance with the application.
561279B.I-5/5/2009 29 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 21
(3) A variation made by the Secretary under
subsection (2) has effect on the Secretary
giving written notice of the variation to the
licence holder.
5 (4) The Secretary may vary a tour operator
licence, or vary a condition of that licence, of
the Secretary's own motion if the Secretary is
of the opinion that a variation is required.
(5) A variation made by the Secretary under
10 subsection (4) has effect on the Secretary
giving written notice of the variation to the
licence holder.
57L Suspension of tour operator licence
(1) If the Secretary is satisfied that there are
15 reasonable grounds to do so, the Secretary
may suspend the tour operator licence by
notice in writing given to the holder of the
licence.
(2) A suspension under this section has effect--
20 (a) from the time specified in the notice
under subsection (1), which must be no
earlier than the day after the day the
notice is given; and
(b) subject to section 57M, for the period
25 (not exceeding 90 days) specified in the
notice.
(3) In addition to the details required under
subsection (2), a notice of suspension of
licence given under subsection (1) must--
30 (a) state that the holder of the tour operator
licence may make submissions
regarding the suspension under section
57M;
(b) specify a date or period by which the
35 submissions must be made.
561279B.I-5/5/2009 30 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 21
57M Making submissions on suspension
(1) The holder of a tour operator licence whose
licence has been suspended under section
57L may make written submissions in
5 respect of that suspension to the Secretary
within the period specified in the notice of
suspension of licence.
(2) The Secretary must review the decision to
suspend the licence on receipt of any
10 submissions made under subsection (1).
(3) In carrying out a review under subsection
(2), the Secretary--
(a) must have regard to the submissions
made under subsection (1); and
15 (b) may decide to continue, revoke or
amend the suspension.
(4) The Secretary must notify the person whose
licence has been suspended of the outcome
of review.
20 57N Cancellation of tour operator licence
(1) The Secretary may cancel a tour operator
licence if the Secretary is satisfied on
reasonable grounds that--
(a) the holder of the licence has been found
25 guilty of an offence against this Act or
the regulations; or
(b) the holder of the licence has
contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the
30 Secretary must--
(a) notify the holder of the licence that the
Secretary proposes to cancel the
licence; and
561279B.I-5/5/2009 31 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 22
(b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
(3) Submissions under subsection (2) must be
5 made within the period specified in the
notice.
(4) In making a decision as to whether or not to
cancel a tour operator licence, the Secretary
must--
10 (a) have regard to any submissions made
under subsection (2) within the period
specified in the notice; and
(b) must notify the holder of the Secretary's
decision.
15 (5) The cancellation of a licence has effect from
the time specified in the notice of the
Secretary's decision under subsection (4),
which must be after the day on which the
notice is given.".
20 22 Offences
For section 96(h) of the Forests Act 1958
substitute--
"(h) does or causes to be done any act, matter or
thing (that is not an act, matter or thing to
25 which section 57E applies), for which a
licence (other than a tour operator licence) or
permit may be issued under this Act, without
that licence (other than a tour operator
licence) or permit;".
561279B.I-5/5/2009 32 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 23
23 New section 100A inserted
After section 100 of the Forests Act 1958
insert--
"100A Tour operator licence regulations
5 (1) The Governor in Council may make
regulations for or with respect to--
(a) the fees payable in respect of tour
operator licences including--
(i) requirements for fees to be paid
10 annually; and
(ii) methods for calculating fees,
including by reference to the
following--
(A) numbers of persons that may
15 participate in or have
participated in tours; and
(B) classes of persons that may
participate in or have
participated in tours; and
20 (b) prescribing tour operator licence
conditions.
(2) A power conferred by subsection (1) to make
regulations providing for the imposition of
fees in respect of tour operator licences may
25 be exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
30 (d) fees that vary according to the class of
licence to which they apply;
561279B.I-5/5/2009 33 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 23
(e) the manner of payment of fees,
including the payment of fees by
instalment;
(f) the time at which, or by which, fees are
5 to be paid.
(3) Regulations made under this Act in respect
of tour operator licences may--
(a) leave any matter or thing to be decided
by a specified person or class of person;
10 and
(b) provide for the exemption of persons or
a class of persons from any of the
regulations providing for the imposition
of fees; and
15 (c) provide for the reduction, waiver or
refund, in whole or in part, of the fees
fixed by regulations made under this
section; and
(d) provide, in specified circumstances, for
20 the reinstatement or payment, in whole
or in part, of any fee reduced, waived or
refunded in accordance with the
regulations.
(4) Without limiting subsection (3), if the
25 regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee pursuant
to subsection (3), the reduction, waiver or
refund--
(a) may be expressed to apply either
30 generally or specifically--
(i) in respect of certain matters or
classes of matters;
(ii) in respect of certain persons or
classes of persons;
561279B.I-5/5/2009 34 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 3--Amendment of the Forests Act 1958
s. 24
(b) may be subject to specified
conditions.".
24 New section 101A inserted
After section 101 of the Forests Act 1958
5 insert--
"101A Tour operator licence offence
(1) In this section--
2009 Act means the Crown Land Acts
Amendment (Lease and Licence
10 Terms) Act 2009.
(2) A person who conducts an organised tour or
recreational activity for profit on Crown land
in a reserved forest without a tour operator
licence on or after the commencement of
15 section 21 of the 2009 Act, is not guilty of an
offence under section 57E if the person
applies for a tour operator licence within
4 months from the commencement of
section 21 of the 2009 Act.
20 (3) Subsection (2) applies to a person referred to
in that subsection who makes a tour operator
licence application referred to in that
subsection until the tour operator licence
application of the person is finally
25 determined.".
__________________
561279B.I-5/5/2009 35 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 25
PART 4--AMENDMENT OF THE LAND ACT 1958
25 Definition
See: Insert the following definition in section 2A of
Act No.
6824. the Land Act 1958--
Reprint No. 11
5 as at "tour operator licence means a licence granted
19 August
2004
under section 140I.".
and
amending
Act Nos
63/2006,
85/2006,
12/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
26 Governor in Council may convey land under this
Part
(1) In the heading to section 12 of the Land Act
10 1958, after "Council" insert "or Minister".
(2) In section 12(1) of the Land Act 1958, after
"Council" insert "or the Minister".
27 Minister may lease Crown land under this
subdivision
15 (1) After section 134(1) of the Land Act 1958
insert--
"(1A) The Minister may, for the purposes of
entering into a lease of any Crown land
under subsection (1), enter into an agreement
20 to lease that land.
(1B) If the Minister enters an agreement to lease
Crown land under subsection (1A) and the
agreement to lease gives a right to occupy
land for a period of time, that period and the
25 period of any lease entered into consequent
561279B.I-5/5/2009 36 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 28
on that agreement must not, when added
together, exceed the maximum lease term
permitted under this subdivision.".
(2) In section 134(2) of the Land Act 1958, after
5 "(1)" insert "or (1A)".
28 Term of lease
(1) For section 137AA(3) of the Land Act 1958
substitute--
"(3) The Minister may grant a lease of land for
10 commercial or industrial purposes under this
subdivision for a term of more than 50 years
but not more than 99 years if the Minister is
satisfied that--
(a) a building or structure erected or to be
15 erected on the land; or
(b) an improvement made or to be made on
or to the land--
is of a substantial nature and of a value
which justifies a lease term exceeding 50
20 years.".
(2) In section 137AA(4) of the Land Act 1958 omit
"or in any other Act except this Act".
29 Terms and conditions
At the end of section 140 of the Land Act 1958
25 insert--
"(2) Despite subsection (1), a licence granted
under section 138 may be for a term
exceeding 10 years if the proposed licensee
is leasing land adjacent to the land in respect
30 of which the person may be granted a licence
and the adjacent land is managed under this
Act.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
(3) The term of the licence to which subsection
(2) applies may be for a period not exceeding
whichever is the lesser of the following--
(i) 21 years;
5 (ii) the term of the lease granted in respect
of the adjacent land.
(4) In granting a licence with a term exceeding
10 years under subsection (2), the person
who grants the licence, must be satisfied that
10 a licence term longer than 10 years is
necessary to ensure the proposed licensee
has continued use of the land in respect of
which the licence would be granted for the
duration of the lease over the adjacent land.".
15 30 New licensing provisions in relation to activity
providers and tour operators inserted
After section 140G of the Land Act 1958
insert--
"Tour operator licences
20 140H Offence to conduct organised tour or
recreational activity on Crown land if
unlicensed
(1) A person must not conduct an organised tour
or recreational activity for profit on Crown
25 land that is not held under a lease under this
Act unless that person holds a tour operator
licence.
Penalty: In the case of a natural person,
20 penalty units;
30 In the case of a body corporate,
100 penalty units.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
(2) Subsection (1) does not apply to a person
who conducts an activity on Crown land and
who holds a lease, licence (other than a tour
operator licence) or permit under this Act or
5 the regulations to conduct that particular
activity.
(3) On the recommendation of the Minister, the
Governor in Council may, by Order
published in the Government Gazette,
10 exempt classes of persons from the
requirement to hold a tour operator licence
under subsection (1).
140I Grant of tour operator licence
(1) The Minister or a person authorised by the
15 Minister may grant a licence to a person to
conduct an organised tour or recreational
activity for profit on Crown land that is not
held under a lease under this Act.
(2) The Minister or a person authorised by the
20 Minister may grant a licence under
subsection (1) for a period not exceeding 10
years.
140J Application for tour operator licence
(1) A person may apply for a tour operator
25 licence to the Minister or a person authorised
by the Minister in respect of the land on
which the proposed tour or recreational
activity is to take place.
(2) An application under subsection (1) must be
30 accompanied by the fee payable for the first
year of the licence as determined in
accordance with the regulations unless the
regulations otherwise provide.
561279B.I-5/5/2009 39 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
(3) The fee paid by a person under subsection
(2) must be refunded to the person if the
person is not granted a tour operator licence
under section 140I.
5 140K Requirement to pay annual fee on grant of
tour operator licence
(1) If the regulations provide for the
determination of an annual licence fee for a
tour operator licence or a class of tour
10 operator licence, the holder of such a licence
must pay the fee determined in accordance
with the regulations in respect of each year
for which the licence is in force.
(2) A licence fee to which subsection (1) applies
15 is payable at the time specified in the
regulations.
140L Tour operator licence conditions
A tour operator licence is subject to--
(a) any conditions, determined by the
20 Minister or a person authorised by the
Minister that are specified or referred to
in the licence; and
(b) any prescribed conditions.
140M Contravention of condition an offence
25 A holder of a tour operator licence must not
contravene the conditions of the licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 100 penalty units.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
140N Variation of licence to operate as activity
provider or tour operator on Crown land
(1) The holder of a tour operator licence may
apply to the Minister or a person authorised
5 by the Minister for a variation of the licence
or a condition of the licence.
(2) On receiving the application under
subsection (1), the Minister or person
authorised by the Minster may vary the
10 licence or condition in accordance with the
application.
(3) A variation made by the Minister or person
authorised by the Minister under subsection
(2) has effect on the Minister or person
15 authorised by the Minister giving written
notice of the variation to the licence holder.
(4) The Minister or a person authorised by the
Minister may vary a tour operator licence, or
vary a condition of that licence, of his or her
20 motion if the Minister or the authorised
person is of the opinion that a variation is
required.
(5) A variation made by the Minister or a person
authorised by the Minister under subsection
25 (4) has effect on the Minister or authorised
person giving written notice of the variation
to the licence holder.
140O Suspension of tour operator licence
(1) If the Minister or a person authorised by the
30 Minister is satisfied that there are reasonable
grounds to do so, the Minister or authorised
person may suspend a tour operator licence
by notice in writing given to the holder of the
licence.
561279B.I-5/5/2009 41 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
(2) A suspension under this section has effect--
(a) from the time specified in the notice
under subsection (1), which must be no
earlier than the day after the day the
5 notice is given; and
(b) subject to section 140P, for the period
(not exceeding 90 days) specified in the
notice.
(3) In addition to the details required under
10 subsection (2), a notice of suspension of
licence given under subsection (1) must--
(a) state that the holder of the tour operator
licence may make submissions
regarding the suspension under section
15 140P;
(b) specify a date or period by which the
submissions must be made.
140P Making submissions on suspension
(1) The holder of a tour operator licence whose
20 licence has been suspended under section
140O may make written submissions in
respect of that suspension to the Minister or
a person authorised by the Minister within
the period specified in the notice of
25 suspension of licence.
(2) The Minister or a person authorised by the
Minister must review the decision to suspend
the licence on receipt of any submissions
made under subsection (1).
30 (3) In carrying out a review under subsection
(2), the Minister or a person authorised by
the Minister--
(a) must have regard to the submissions
made under subsection (1); and
561279B.I-5/5/2009 42 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 30
(b) may decide to continue, revoke or
amend the suspension.
(4) The Minister or a person authorised by the
Minister must notify the person whose
5 licence has been suspended of the outcome
of review.
140Q Cancellation of tour operator licence
(1) The Minister or a person authorised by the
Minister may cancel a tour operator licence
10 if the Minister or authorised person is
satisfied, on reasonable grounds, that--
(a) the holder of the licence has been found
guilty of an offence against this Act or
the regulations; or
15 (b) the holder of the licence has
contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the
Minister or a person authorised by the
Minister must--
20 (a) notify the holder that he or she
proposes to cancel the licence; and
(b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
25 (3) Submissions under subsection (2) must be
made within the period specified in the
notice.
(4) In making a decision as to whether or not to
cancel a licence, the Minister or authorised
30 person must--
(a) have regard to any submissions made
under subsection (2) within the period
specified in the notice; and
561279B.I-5/5/2009 43 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 31
(b) must notify the holder of his or her
decision.
(5) The cancellation of a licence has effect from
the time specified in the notice of the
5 Minister or authorised person's decision
under subsection (4), which must be after the
day on which the notice is given.".
31 New section 218 inserted
After section 217 of the Land Act 1958 insert--
10 "218 Leases may provide for removal of
buildings and restoration of land
A lease under this Act may provide that the
lessor may require the lessee to undertake the
removal of any building or structure on the
15 land and the restoration of the site to the
satisfaction of the lessor after the expiry of
the lease.".
32 Reopening of licensed closed road or water frontage
In section 407(1) of the Land Act 1958--
20 (a) after "should be" insert "varied or";
(b) after "licensee," insert "vary or".
33 New section 413A inserted
After section 413 of the Land Act 1958 insert--
"413A Tour operator licence regulations
25 (1) The Governor in Council may make
regulations for or with respect to--
(a) the fees payable in respect of tour
operator licences including--
(i) requirements for fees to be paid
30 annually; and
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 33
(ii) methods for calculating fees,
including by reference to the
following--
(A) numbers of persons that may
5 participate in or have
participated in tours; and
(B) classes of persons that may
participate in or have
participated in tours; and
10 (b) prescribing tour operator licence
conditions.
(2) A power conferred by subsection (1) to make
regulations providing for the imposition of
fees in respect of tour operator licences may
15 be exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
20 (d) fees that vary according to the class of
licence to which they apply;
(e) the manner of payment of fees,
including the payment of fees by
instalment;
25 (f) the time at which, or by which, fees are
to be paid.
(3) Regulations made under this Act in respect
of tour operator licences may--
(a) leave any matter or thing to be decided
30 by a specified person or class of person;
and
561279B.I-5/5/2009 45 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 34
(b) provide for the exemption of persons or
a class of persons from any of the
regulations providing for the imposition
of fees; and
5 (c) provide for the reduction, waiver or
refund, in whole or in part, of the fees
fixed by regulations made under this
section; and
(d) provide, in specified circumstances, for
10 the reinstatement or payment, in whole
or in part, of any fee reduced, waived or
refunded in accordance with the
regulations.
(4) Without limiting subsection (3), if the
15 regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee pursuant
to subsection (3), the reduction, waiver or
refund--
(a) may be expressed to apply either
20 generally or specifically--
(i) in respect of certain matters or
classes of matters;
(ii) in respect of certain persons or
classes of persons;
25 (b) may be subject to specified
conditions.".
34 New Part XV inserted
After Part XIV of the Land Act 1958 insert--
"PART XV--TRANSITIONAL PROVISIONS
30 414 Definition
In this Part, 2009 Act means the Crown
Land Acts Amendment (Lease and
Licence Terms) Act 2009.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 4--Amendment of the Land Act 1958
s. 34
415 Leases for non-agricultural purposes
Any lease granted under Subdivision 1 of
Division 9 of Part I and in force immediately
before the commencement of section 28 of
5 the 2009 Act is, on and from that
commencement, taken to be a lease that has
always had effect as if section 137AA(3), as
amended by section 28 of the 2009 Act, were
enacted.
10 416 Tour operator licence offence
(1) A person who conducts an organised tour or
recreational activity for profit on Crown land
that is not held under a lease under this Act
without a tour operator licence on or after the
15 commencement of section 30 of the 2009
Act, is not guilty of an offence under section
140H if the person has applied for a tour
operator licence within 4 months from the
commencement of section 30 of the 2009
20 Act.
(2) Subsection (1) applies to a person referred to
in that subsection who makes a tour operator
licence application referred to in that
subsection until the tour operator licence
25 application of the person is finally
determined.
__________________".
__________________
561279B.I-5/5/2009 47 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 35
PART 5--AMENDMENT OF THE NATIONAL PARKS ACT
1975
35 Definition
See: Insert the following definition in section 3(1) of
Act No.
5 8702. the National Parks Act 1975--
Reprint No. 12
as at "tour operator licence means a licence granted
14 February
2008
under section 27D;".
and
amending
Act Nos
38/1989,
54/2008,
61/2008 and
6/2009.
LawToday:
www.
legislation.
vic.gov.au
36 Secretary may grant certain permits etc.
(1) In section 21(1)(c) of the National Parks Act
10 1975 after "in the park" insert "other than a trade
or business in the park to which Division 3A
applies".
(2) At the foot of section 21(1) of the National Parks
Act 1975 insert--
15 "Note
See Division 3A for the grant of tour operator licences to
conduct organised tours or recreational activities in a park.".
37 New Division 3A inserted in Part III
After Division 3 of Part III of the National Parks
20 Act 1975 insert--
561279B.I-5/5/2009 48 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 37
"Division 3A--Tour operator licences
27C Offence to conduct organised tour or
recreational activity in a park if
unlicensed
5 (1) A person must not conduct an organised tour
or recreational activity for profit in a park
unless that person holds a tour operator
licence.
Penalty: In the case of a natural person,
10 20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) Subsection (1) does not apply to a person
who conducts an activity in a park and who
15 holds a lease, licence (other than a tour
operator licence) or permit under this Act or
the regulations to conduct that particular
activity.
(3) On the recommendation of the Minister, the
20 Governor in Council may, by Order
published in the Government Gazette,
exempt classes of persons from the
requirement to hold a tour operator licence
under subsection (1).
25 27D Grant of tour operator licence
(1) The Secretary may grant a licence to a
person to conduct an organised tour or
recreational activity for profit in a park to a
person who has applied under section 27E.
30 (2) The Secretary may grant a licence under
subsection (1) for a period not exceeding
10 years.
561279B.I-5/5/2009 49 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 37
27E Application for tour operator licence
(1) A person may apply for a tour operator
licence to the Secretary.
(2) An application under subsection (1) must be
5 accompanied by the fee payable for the first
year of the licence as determined in
accordance with the regulations unless the
regulations otherwise provide.
(3) The fee paid by a person under subsection
10 (2) must be refunded to the person if the
person is not granted a tour operator licence
under section 27D.
27F Requirement to pay annual fees after
grant of tour operator licence
15 (1) If the regulations provide for the
determination of an annual licence fee for a
tour operator licence or a class of tour
operator licence, the holder of such a licence
must pay the fee determined in accordance
20 with the regulations in respect of each year
for which the licence is in force.
(2) A licence fee to which subsection (1) applies
is payable at the time specified in the
regulations.
25 27G Tour operator licence conditions
A tour operator licence is subject to--
(a) any conditions, determined by the
Secretary, that are specified or referred
to in the licence; and
30 (b) any prescribed conditions.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 37
27H Contravention of condition an offence
The holder of a tour operator licence must
not contravene the conditions of the licence.
Penalty: In the case of a natural person,
5 20 penalty units;
In the case of a body corporate,
100 penalty units.
27I Variation of tour operator licence
(1) The holder of a tour operator licence may
10 apply to the Secretary for a variation of the
licence or a condition of the licence.
(2) On receiving the application under
subsection (1), the Secretary may vary the
licence or condition in accordance with the
15 application.
(3) A variation made by the Secretary under
subsection (2) has effect on the Secretary
giving written notice of the variation to the
licence holder.
20 (4) The Secretary may vary a tour operator
licence, or vary a condition of that licence, of
the Secretary's own motion if the Secretary is
of the opinion that a variation is required.
(5) A variation made by the Secretary under
25 subsection (4) has effect on the Secretary
giving written notice of the variation to the
licence holder.
27J Suspension of tour operator licence
(1) If the Secretary is satisfied that there are
30 reasonable grounds to do so, the Secretary
may suspend the tour operator licence by
notice in writing given to the holder of the
licence.
561279B.I-5/5/2009 51 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 37
(2) A suspension under this section has effect--
(a) from the time specified in the notice
under subsection (1), which must be no
earlier than the day after the day the
5 notice is given; and
(b) subject to section 27K, for the period
(not exceeding 90 days) specified in the
notice.
(3) In addition to the details required under
10 subsection (2), a notice of suspension of
licence given under subsection (1) must--
(a) state that the holder of the tour operator
licence may make submissions
regarding the suspension under section
15 27K;
(b) specify a date or period by which the
submissions must be made.
27K Making submissions on suspension
(1) The holder of a tour operator licence whose
20 licence has been suspended under section
27J may make written submissions in respect
of that suspension to the Secretary within the
period specified in the notice of suspension
of licence.
25 (2) The Secretary must review the decision to
suspend the licence on receipt of any
submissions made under subsection (1).
(3) In carrying out a review under subsection
(2), the Secretary--
30 (a) must have regard to the submissions
made under subsection (1); and
(b) may decide to continue, revoke or
amend the suspension.
561279B.I-5/5/2009 52 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 37
(4) The Secretary must notify the person whose
licence has been suspended of the outcome
of review.
27L Cancellation of tour operator licence
5 (1) The Secretary may cancel a tour operator
licence if the Secretary is satisfied, on
reasonable grounds, that--
(a) the holder of the licence has been found
guilty of an offence against this Act or
10 the regulations; or
(b) the holder of the licence has
contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the
Secretary must--
15 (a) notify the holder that he or she
proposes to cancel the licence; and
(b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
20 (3) Submissions under subsection (2) must be
made within the period specified in the
notice.
(4) In making a decision as to whether or not to
cancel a tour operator licence, the Secretary
25 must--
(a) have regard to any submissions made
under subsection (2) within the period
specified in the notice; and
(b) must notify the holder of the Secretary's
30 decision.
561279B.I-5/5/2009 53 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 38
(5) The cancellation of a licence has effect from
the time specified in the notice of the
Secretary's decision under subsection (4),
which must be after the day on which the
5 notice is given.".
38 Trades or businesses not to be carried on in parks
unless authorised
At the end of section 43 of the National Parks
Act 1975 insert--
10 "(2) In this section--
"trade or business does not include a trade
or business to which Division 3A of
Part III applies.".
39 New section 48AA inserted
15 (1) After section 48 of the National Parks Act 1975
insert--
"48AA Tour operator licence regulations
(1) The Governor in Council may make
regulations for or with respect to--
20 (a) the fees payable in respect of tour
operator licences including--
(i) requirements for fees to be paid
annually; and
(ii) methods for calculating fees,
25 including by reference to the
following--
(A) numbers of persons that may
participate in or have
participated in tours; and
30 (B) classes of persons that may
participate in or have
participated in tours; and
561279B.I-5/5/2009 54 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 39
(b) prescribing tour operator licence
conditions.
(2) A power conferred by subsection (1) to make
regulations providing for the imposition of
5 fees in respect of tour operator licences may
be exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
10 (c) minimum fees;
(d) fees that vary according to the class of
licence to which they apply;
(e) the manner of payment of fees,
including the payment of fees by
15 instalment;
(f) the time at which, or by which, fees are
to be paid.
(3) Regulations made under this Act in respect
of tour operator licences may--
20 (a) provide for the exemption of persons or
a class of persons from any of the
regulations providing for the imposition
of fees; and
(b) provide for the reduction, waiver or
25 refund, in whole or in part, of the fees
fixed by regulations made under this
section; and
(c) provide, in specified circumstances, for
the reinstatement or payment, in whole
30 or in part, of any fee reduced, waived or
refunded in accordance with the
regulations.
561279B.I-5/5/2009 55 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 40
(4) Without limiting subsection (3), if the
regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee pursuant
to subsection (3), the reduction, waiver or
5 refund--
(a) may be expressed to apply either
generally or specifically--
(i) in respect of certain matters or
classes of matters;
10 (ii) in respect of certain persons or
classes of persons;
(b) may be subject to specified
conditions.".
40 New sections 76 and 77 inserted
15 After section 75 of the National Parks Act 1975
insert--
"76 Definition
In this Part, 2009 Act means the Crown
Land Acts Amendment (Lease and
20 Licence Terms) Act 2009.
77 Tour operator licences
(1) A person who conducts an organised tour or
recreational activity for profit in a park
without a tour operator licence on or after the
25 commencement of section 37 of the 2009
Act, is not guilty of an offence under section
27C if the person applies for a tour operator
licence within 4 months from the
commencement of section 37 of the 2009
30 Act.
561279B.I-5/5/2009 56 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 5--Amendment of the National Parks Act 1975
s. 40
(2) Subsection (1) applies to a person referred to
under that subsection who makes the tour
operator licence application referred to in
that subsection until the tour operator licence
5 application of the person is finally
determined.".
__________________
561279B.I-5/5/2009 57 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 41
PART 6--AMENDMENT OF THE WILDLIFE ACT 1975
41 Definition
See: Insert the following definition in section 3(1) of
Act No.
8699. the Wildlife Act 1975--
Reprint No. 8
5 as at "tour operator licence means a licence granted
29 February
2008
under section 21B;".
and
amending
Act Nos
16/2004 and
48/2008.
LawToday:
www.
legislation.
vic.gov.au
42 New Part IIA inserted
After Part II of the Wildlife Act 1975 insert--
"__________________
PART IIA--TOUR OPERATOR LICENCES
10 21A Offence to conduct organised tour or
recreational activity on State Wildlife
Reserve if unlicensed
(1) A person must not conduct an organised tour
or recreational activity for profit on a State
15 Wildlife Reserve unless that person holds a
tour operator licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
20 100 penalty units.
561279B.I-5/5/2009 58 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 42
(2) Subsection (1) does not apply to a person
who conducts an activity on a State Wildlife
Reserve and who holds a lease, licence
(other than a tour operator licence) or permit
5 under this Act or the regulations to conduct
that particular activity.
(3) On the recommendation of the Minister, the
Governor in Council may, by Order
published in the Government Gazette,
10 exempt classes of persons from the
requirement to hold a tour operator licence
under subsection (1).
21B Grant of tour operator licence
(1) The Secretary may grant a licence to a
15 person to conduct an organised tour or
recreational activity for profit on a State
Wildlife Reserve to a person who has applied
under section 21C.
(2) The Secretary may grant a licence under
20 subsection (1) for a period not exceeding
10 years.
21C Application for tour operator licence
(1) A person may apply for a tour operator
licence to the Secretary in respect of the land
25 on which the proposed tour or recreational
activity is to take place.
(2) An application under subsection (1) must be
accompanied by the fee payable for the first
year of the licence as determined in
30 accordance with the regulations unless the
regulations otherwise provide.
(3) The fee paid by a person under subsection
(2) must be refunded to the person if the
person is not granted a tour operator licence
35 under section 21B.
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Part 6--Amendment of the Wildlife Act 1975
s. 42
21D Requirement to pay annual licence fee
after grant of tour operator licence
(1) If the regulations provide for the
determination of an annual licence fee for a
5 tour operator licence or a class of tour
operator licence, the holder of such a licence
must pay the fee determined in accordance
with the regulations in respect of each year
for which the licence is in force.
10 (2) A licence fee to which subsection (1) applies
is payable at the time specified in the
regulations.
21E Tour operator licence conditions
A licence granted under section 21B is
15 subject to--
(a) any conditions, determined by the
Secretary, that are specified or referred
to in the licence; and
(b) any prescribed conditions.
20 21F Contravention of condition an offence
A holder of a tour operator licence must not
contravene the conditions of the licence.
Penalty: In the case of a natural person,
20 penalty units;
25 In the case of a body corporate,
100 penalty units.
21G Variation of tour operator licence
(1) The holder of a tour operator licence may
apply to the Secretary for a variation of the
30 licence or a condition of the licence.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 42
(2) On receiving the application under
subsection (1), the Secretary may vary the
licence or condition in accordance with the
application.
5 (3) A variation made by the Secretary under
subsection (2) has effect on the Secretary
giving written notice of the variation to the
licence holder.
(4) The Secretary may vary a tour operator
10 licence, or vary a condition of that licence, of
the Secretary's own motion if the Secretary is
of the opinion that a variation is required.
(5) A variation made by the Secretary under
subsection (4) has effect on the Secretary
15 giving written notice of the variation to the
licence holder.
21H Suspension of tour operator licence
(1) If the Secretary is satisfied that there are
reasonable grounds to do so, the Secretary
20 may suspend the tour operator licence by
notice in writing given to the holder of the
licence.
(2) A suspension under this section has effect--
(a) from the time specified in the notice
25 under subsection (1), which must be no
earlier than the day after the day the
notice is given; and
(b) subject to section 21I, for the period
(not exceeding 90 days) specified in the
30 notice.
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 42
(3) In addition to the details required under
subsection (2), a notice of suspension of
licence given under subsection (1) must--
(a) state that the holder of the tour operator
5 licence may make submissions
regarding the suspension under section
21I;
(b) specify a date or period by which the
submissions must be made.
10 21I Making submissions on suspension
(1) The holder of a tour operator licence whose
licence has been suspended under section
21H may make written submissions in
respect of that suspension to the Secretary
15 within the period specified in the notice of
suspension of licence.
(2) The Secretary must review the decision to
suspend the licence on receipt of any
submissions made under subsection (1).
20 (3) In carrying out a review under subsection
(2), the Secretary--
(a) must have regard to the submissions
made under subsection (1); and
(b) may decide to continue, revoke or
25 amend the suspension.
(4) The Secretary must notify the person whose
licence has been suspended of the outcome
of review.
21J Cancellation of tour operator licence
30 (1) The Secretary may cancel a tour operator
licence if the Secretary is satisfied, on
reasonable grounds, that--
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 43
(a) the holder of the licence has been found
guilty of an offence against this Act or
the regulations; or
(b) the holder of the licence has
5 contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the
Secretary must--
(a) notify the holder of the licence that he
or she proposes to cancel the licence;
10 and
(b) allow the holder of the licence an
opportunity to make either oral or
written submissions.
(3) Submissions under subsection (2) must be
15 made within the period specified in the
notice.
(4) In making a decision as to whether or not to
cancel a tour operator licence, the Secretary
must--
20 (a) have regard to any submissions made
under subsection (2) within the period
specified in the notice; and
(b) must notify the holder of the Secretary's
decision.
25 (5) The cancellation of a licence has effect from
the time specified in the notice of the
Secretary's decision under subsection (4),
which must be after the day on which the
notice is given.".
30 43 Mandatory cancellation of licences
In section 25A(4) of the Wildlife Act 1975--
(a) in paragraph (a), after "Act" insert "(other
than a tour operator licence)";
561279B.I-5/5/2009 63 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 44
(b) in paragraph (b), after "Act" insert "(other
than a tour operator licence)".
44 Consequential amendments
In sections 25B(1), 25C(1) and 25D(1) of the
5 Wildlife Act 1975, after "licence" (where first
occurring) insert "under this Part".
45 New section 87A inserted
After section 87 of the Wildlife Act 1975
insert--
10 "87A Tour operator licence regulations
(1) The Governor in Council may make
regulations for or with respect to--
(a) the fees payable in respect of tour
operator licences including--
15 (i) requirements for fees to be paid
annually; and
(ii) methods for calculating fees,
including by reference to the
following--
20 (A) numbers of persons that may
participate in or have
participated in tours; and
(B) classes of persons that may
participate in or have
25 participated in tours; and
(b) prescribing tour operator licence
conditions.
(2) A power conferred by subsection (1) to make
regulations providing for the imposition of
30 fees in respect of tour operator licences may
be exercised by providing for all or any of
the following matters--
(a) specific fees;
561279B.I-5/5/2009 64 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 45
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to the class of
licence to which they apply;
5 (e) the manner of payment of fees,
including the payment of fees by
instalment;
(f) the time at which, or by which, fees are
to be paid.
10 (3) Regulations made under this Act in respect
of tour operator licences may--
(a) leave any matter or thing to be decided
by a specified person or class of person;
and
15 (b) provide for the exemption of persons or
a class of persons from any of the
regulations providing for the imposition
of fees; and
(c) provide for the reduction, waiver or
20 refund, in whole or in part, of the fees
fixed by regulations made under this
section; and
(d) provide, in specified circumstances, for
the reinstatement or payment, in whole
25 or in part, of any fee reduced, waived or
refunded in accordance with the
regulations.
(4) Without limiting subsection (3), if the
regulations provide for a reduction, waiver or
30 refund, in whole or in part, of a fee pursuant
to subsection (3), the reduction, waiver or
refund--
561279B.I-5/5/2009 65 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 6--Amendment of the Wildlife Act 1975
s. 46
(a) may be expressed to apply either
generally or specifically--
(i) in respect of certain matters or
classes of matters;
5 (ii) in respect of certain persons or
classes of persons;
(b) may be subject to specified
conditions.".
46 New section 96 inserted
10 After section 95 of the Wildlife Act 1975
insert--
"96 Tour operator licence offence
(1) In this section--
2009 Act means the Crown Land Acts
15 Amendment (Lease and Licence
Terms) Act 2009.
(2) A person who conducts an organised tour or
recreational activity for profit on a State
Wildlife Reserve without a tour operator
20 licence on or after the commencement of
section 42 of the 2009 Act, is not guilty of an
offence under section 21A if the person
applies for a tour operator licence within 4
months from the commencement of section
25 42 of the 2009 Act.
(3) Subsection (2) applies to a person referred to
in that subsection who makes a tour operator
licence application referred to in that
subsection until the tour operator licence
30 application of the person is finally
determined.".
__________________
561279B.I-5/5/2009 66 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 7--Amendment of the Coastal Management Act 1995
s. 47
PART 7--AMENDMENT OF THE COASTAL MANAGEMENT
ACT 1995
47 Definition
Insert the following definition in section 3(1) of See:
Act No.
5 the Coastal Management Act 1995-- 8/1995.
Reprint No. 1
"relevant coastal recommendation means-- as at
9 December
(a) a recommendation of the Victorian 1999
and
Environmental Assessment Council amending
relating to coastal Crown land that has Act Nos
108/2004 and
10 been accepted by the Government 80/2006.
under Part 3 of the Victorian LawToday:
www.
Environmental Assessment Council legislation.
Act 2001; or vic.gov.au
(b) a recommendation of the Land
15 Conservation Council relating to
coastal Crown land under section 5(1)
of the Land Conservation Act 1970
(as in force before its repeal) of which
notice has been given by the Governor
20 in Council under section 10(3) of that
Act (as so in force), where the
recommendation does not relate to land
that is the subject of a recommendation
to which paragraph (a) applies;".
25 48 Contents of management plan
For section 31(2)(c) of the Coastal Management
Act 1995 substitute--
"(c) any relevant coastal recommendation.".
561279B.I-5/5/2009 67 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 7--Amendment of the Coastal Management Act 1995
s. 49
49 Decision of Minister
For section 40(2)(c) of the Coastal Management
Act 1995 substitute--
"(c) any relevant coastal recommendation.".
__________________
561279B.I-5/5/2009 68 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 8--Amendment of Other Acts
s. 50
PART 8--AMENDMENT OF OTHER ACTS
See:
Division 1--Amendment of Conservation, Forests and Lands Act No.
41/1987.
Act 1987 Reprint No. 7
as at
50 Secretary to be body corporate 28 February
2008
and
5 In section 6(1) of the Conservation, Forests and amending
Lands Act 1987 for "Natural Resources and Act Nos
12/2008,
Environment" substitute "Sustainability and 4/2009 and
Environment". 6/2009.
LawToday:
www.
legislation.
vic.gov.au
51 Secretary to be subject to control
10 In section 7(4) of the Conservation, Forests and
Lands Act 1987 for "Natural Resources and
Environment" substitute "Sustainability and
Environment".
Division 2--Amendment of Land (Revocations and Other
15 Matters) Act 1991
52 Revocation of reservation and Crown grant
In section 6(2) of the Land (Revocations and See:
Act No.
Other Matters) Act 1991, for "693" substitute 72/1991
"363". LawToday:
www.
legislation.
vic.gov.au
561279B.I-5/5/2009 69 BILL LA INTRODUCTION 5/5/2009
Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 8--Amendment of Other Acts
s. 53
53 New section 12 inserted
After section 11 of the Land (Revocations and
Other Matters) Act 1991 insert--
"12 Effect of amendment made by Crown
5 Land Acts Amendment (Lease and
Licence Terms) Act 2009
The reference to Crown grant Volume 1347
Folio 693 in section 6(2) is taken to have
always been a reference to Crown grant
10 Volume 1347 Folio 363.".
Division 3--Amendment of Fraser National Park Act 1957
54 Amendment of First Schedule
See: In the fourth item of the First Schedule to the
Act No.
6160 Fraser National Park Act 1957, for "651"
15 and substitute "651A".
amending
Act No.
6326.
LawToday:
www.
legislation.
vic.gov.au
55 New section 7 inserted
After section 6 of the Fraser National Park Act
1957 insert--
"7 Effect of amendment made by Crown
20 Land Acts Amendment (Lease and
Licence Terms) Act 2009
The reference to Crown Grant Volume 6989
Folium 651 in the Title of the fourth item in
the First Schedule is taken to have always
25 been a reference to Crown Grant
Volume 6989 Folium 651A.".
__________________
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Part 9--Repeal of Amending Act
s. 56
PART 9--REPEAL OF AMENDING ACT
56 Repeal of amending Act
This Act is repealed on 1 July 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Crown Land Acts Amendment (Lease and Licence Terms) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561279B.I-5/5/2009 72 BILL LA INTRODUCTION 5/5/2009
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