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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--SUSTAINABLE FORESTS (TIMBER) ACT 2004 3
3. Amendment or variation of allocation order 3
4. Section 74 substituted 3
74. Expiry of suspension notice once matter remedied 3
PART 3--SAFETY ON PUBLIC LAND ACT 2004 5
5. Incorporation of documents 5
6. Declaration to be published 5
7. Regulation-making powers 6
PART 4--VICTORIAN CONSERVATION TRUST ACT 1972 7
8. New section 1A inserted 7
1A. Definitions 7
9. New section 3B inserted 7
3B. Tax and rating remissions 7
10. Constitution and quorum of Trust 8
11. New section 14 inserted 9
14. Transitional provisions--Environment and Water
Legislation (Miscellaneous Amendments) Act 2005 9
12. Repeal of spent amending Acts 10
PART 5--WATER ACT 1989 11
13. Preparation of draft management plan 11
14. Management plans 11
15. New sections 305C and 305D inserted--Water Act 1989 13
305C. Incorporation of documents in certain orders or other
instruments 13
305D. Validation of certain orders or other instruments 14
i
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Clause Page
PART 6--MELBOURNE AND METROPOLITAN BOARD OF
WORKS ACT 1958 16
16. New sections 241A and 241B inserted--Melbourne and
Metropolitan Board of Works Act 1958 16
241A. Incorporation of documents in certain orders or other
instruments 16
241B. Validation of certain orders or other instruments 17
ENDNOTES 18
ii
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
PARLIAMENT OF VICTORIA
A BILL
to make miscellaneous amendments to the Sustainable Forests
(Timber) Act 2004, the Safety on Public Land Act 2004, the
Victorian Conservation Trust Act 1972, the Water Act 1989 and
the Melbourne and Metropolitan Board of Works Act 1958 and for
other purposes.
Environment and Water Legislation
(Miscellaneous Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to make
miscellaneous amendments to the following
Acts--
5
1
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 2
(a) the Sustainable Forests (Timber) Act
2004;
(b) the Safety on Public Land Act 2004;
(c) the Victorian Conservation Trust Act
1972;
5
(d) the Water Act 1989;
(e) the Melbourne and Metropolitan Board of
Works Act 1958.
2. Commencement
This Act comes into operation on the day after the
10
day on which it receives the Royal Assent.
__________________
2
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 2--Sustainable Forests (Timber) Act 2004
s. 3
See:
PART 2--SUSTAINABLE FORESTS (TIMBER) ACT 2004
Act No.
48/2004
3. Amendment or variation of allocation order and
amending
For section 20(3) of the Sustainable Forests Act Nos
107/2004 and
(Timber) Act 2004 substitute-- 108/2004.
LawToday:
"(3) If the Minister makes any amendment or
5 www.dms.
variation to an allocation order as a result of dpc.vic.
gov.au
a review referred to in section 18(1) or (2)(c)
which reduces the timber resources allocated
to VicForests, the amendment or variation
must provide for the implementation of the
10
reduction--
(a) if the Minister and VicForests agree to
a period (not exceeding 10 years) over
which the reduction is to be
implemented, in accordance with that
15
agreed period; or
(b) if no period is agreed for the
implementation of the reduction under
paragraph (a), at the expiry of 10 years
after the date that the order amending
20
or varying the allocation order takes
effect.".
4. Section 74 substituted
For section 74 of the Sustainable Forests
(Timber) Act 2004 substitute--
25
"74. Expiry of suspension notice once matter
remedied
(1) Subject to this Part, if the damage, risk,
matter or activity to which a suspension
notice relates is remedied to the satisfaction
30
of an authorised officer, the authorised
officer may issue a notification in writing
that he or she is so satisfied to--
3
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 2--Sustainable Forests (Timber) Act 2004
s. 4
(a) the holder of the timber harvesting
operator's licence to whom the
suspension notice was issued; or
(b) the person who has, or may reasonably
be presumed to have, control over the
5
timber harvesting operation in the State
forest in respect of which the
suspension notice was issued.
(2) A suspension notice expires on notification
being issued under sub-section (1).".
10
__________________
4
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 3--Safety on Public Land Act 2004
s. 5
See:
PART 3--SAFETY ON PUBLIC LAND ACT 2004
Act No.
109/2004.
5. Incorporation of documents LawToday:
www.dms.
After section 4(2) of the Safety on Public Land dpc.vic.
gov.au
Act 2004 insert--
"(3) A declaration under sub-section (1) may
5
apply, adopt or incorporate any matter
contained in any document formulated,
issued, prescribed or published by any
person, whether--
(a) wholly or partially or as amended by
10
the declaration; or
(b) as formulated, issued, prescribed or
published at the time the declaration is
made or at any time before then; or
(c) as formulated, issued, prescribed or
15
published from time to time.".
6. Declaration to be published
For section 7(1) of the Safety on Public Land
Act 2004 substitute--
"(1) A public safety zone declaration must be
20
published in the Government Gazette.
(1A) The Secretary must cause notice of the
making of a public safety zone declaration to
be published--
(a) in a newspaper circulating generally in
25
the State; and
(b) in a newspaper (if any) circulating
generally in the area affected by the
declaration.
(1B) A notice published under sub-section (1A)
30
must include details of where the public
safety zone declaration may be inspected.
5
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 3--Safety on Public Land Act 2004
s. 7
(1C) The Secretary must cause a public safety
zone declaration to be available for
inspection by the public--
(a) at the head office of the Department of
Sustainability and Environment and the
5
regional office of the Department of
Sustainability and Environment (if any)
in the area affected by the declaration;
and
(b) on the Internet.".
10
7. Regulation-making powers
In section 24(2) of the Safety on Public Land
Act 2004--
(a) in paragraph (b), for "circumstance."
substitute "circumstance;";
15
(b) after paragraph (b) insert--
"(c) may apply, adopt or incorporate any
matter contained in any document
formulated, issued, prescribed or
published by any person, whether--
20
(i) wholly or partially or as amended
by the regulations; or
(ii) as formulated, issued, prescribed
or published at the time the
regulations are made or at any
25
time before then; or
(iii) as formulated, issued, prescribed
or published from time to time.".
__________________
6
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 4--Victorian Conservation Trust Act 1972
s. 8
See:
PART 4--VICTORIAN CONSERVATION TRUST ACT 1972
Act No.
8350.
8. New section 1A inserted Reprint No. 3
as at
After section 1 of the Victorian Conservation 5 February
1998 and
Trust Act 1972 insert-- amending
Act No.
'1A. Definitions
5 85/1998.
LawToday:
In this Act-- www.dms.
dpc.vic.
"Trust" means the Trust for Nature gov.au
(Victoria) established by section 2;
"trustee" means a person appointed under
section 4.'.
10
9. New section 3B inserted
After section 3A of the Principal Act insert--
"3B. Tax and rating remissions
(1) If any land is the subject of a covenant under
section 3A(1) and it appears to the Trust that
15
the preservation of such land in its natural
state is not economically feasible and that
such preservation is thereby endangered, the
Trust may so report to the Minister.
(2) If the Minister has received a report under
20
sub-section (1), the Minister may do one or
both of the following--
(a) with the consent of the Treasurer, make
an order remitting, subject to sub-
section (5), the whole or any part of the
25
tax payable by the owner under the
Land Tax Act 1958 that is attributable
to the land concerned; and
7
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 4--Victorian Conservation Trust Act 1972
s. 10
(b) after consultation with any relevant
rating authority and with the consent of
the authority or of the Minister
administering the legislation under
which the authority is constituted, make
5
an order remitting, subject to sub-
section (5), the whole or any part of any
relevant rates payable in respect of such
land.
(3) Any order made by the Minister under sub-
10
section (2) may at any time in like manner
and subject to the like consents and
conditions (if any) be varied or revoked by
the Minister.
(4) The Commissioner of State Revenue and any
15
rating authority concerned must comply with
any order made by the Minister under this
section.
(5) Any land tax or rate remitted under this
section during the preceding 5 years
20
becomes payable on the release of the
covenant in respect of the land unless the
Minister, on the recommendation of the
Trust, otherwise directs.".
10. Constitution and quorum of Trust
25
In the Victorian Conservation Trust Act 1972--
(a) in section 4, for "10 trustees" substitute
"at least 6 trustees and not more than
10 trustees";
(b) in section 7(2) for "6 persons" substitute
30
"a majority of the trustees for the time
being".
8
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 4--Victorian Conservation Trust Act 1972
s. 11
11. New section 14 inserted
After section 13 of the Victorian Conservation
Trust Act 1972 insert--
'14. Transitional provisions--Environment
and Water Legislation (Miscellaneous
5
Amendments) Act 2005
(1) On and from the commencement of Part 4 of
the Environment and Water Legislation
(Miscellaneous Amendments) Act 2005,
the Trust is deemed to be the same body as it
10
was immediately before that commencement,
despite the changes to the constitution and
quorum of the Trust by Part 4 of that Act and
no decision, matter or thing is to be affected
because of those changes.
15
(2) The trustees of the Trust holding office
immediately before the commencement of
Part 4 of the Environment and Water
Legislation (Miscellaneous Amendments)
Act 2005 continue to hold office after that
20
commencement on the same terms and
conditions on which they held office as
trustees immediately before that
commencement.
(3) Despite the repeal of the Victoria
25
Conservation Trust Act 1978 by Part 4 of
the Environment and Water Legislation
(Miscellaneous Amendments) Act 2005,
any order in force under section 4 of the
Victoria Conservation Trust Act 1978
30
immediately before that repeal is deemed to
be an order made under section 3B.
9
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 4--Victorian Conservation Trust Act 1972
s. 12
(4) Despite the repeal of the Victoria
Conservation Trust (Amendment) Act
1986 and the Royal Botanic Gardens and
Victorian Conservation Trust
(Amendment) Act 1995 by Part 4 of the
5
Environment and Water Legislation
(Miscellaneous Amendments) Act 2005, a
reference in any Act, subordinate instrument
within the meaning of the Interpretation of
Legislation Act 1984 or any document
10
whatever, unless inconsistent with the
context or subject-matter--
(a) to the "Victoria Conservation Trust
Act 1972" is deemed to be a reference
to the "Victorian Conservation Trust
15
Act 1972"; and
(b) to the "Victoria Conservation Trust" or
the "Victorian Conservation Trust" is
deemed to be a reference to the Trust
for Nature (Victoria).'.
20
12. Repeal of spent amending Acts
The following Acts are repealed--
(a) the Victoria Conservation Trust Act 1978;
(b) the Victoria Conservation Trust
(Amendment) Act 1986 (Act No. 64/1986);
25
(c) the Royal Botanic Gardens and Victorian
Conservation Trust (Amendment) Act
1995.
__________________
10
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 5--Water Act 1989
s. 13
See:
PART 5--WATER ACT 1989
Act No.
80/1989.
13. Preparation of draft management plan Reprint No. 7
as at
After section 31(1) of the Water Act 1989 1 December
2003 and
insert-- amending
Act Nos
"(1A) The consultative committee must consider
5 46/2003,
any comments made by interested persons 48/2003,
90/2003,
and make any appropriate changes to the 12/2004,
draft management plan. 81/2004,
82/2004 and
108/2004.
(1B) On completion of the draft management LawToday:
plan, the consultative committee must refer it
10 www.dms.
dpc.vic.
to the Minister for consideration.". gov.au
14. Management plans
(1) In section 32A(3) of the Water Act 1989--
(a) paragraph (e) is repealed;
(b) in paragraph (f), for sub-paragraph (i)
15
substitute--
"(i) the level of groundwater declining
below a specified level or specified
average level; or".
(2) After section 32A(6)(a) of the Water Act 1989
20
insert--
"(ab) approve a draft management plan with any
amendments the Minister considers
appropriate; or".
11
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 5--Water Act 1989
s. 14
(3) After section 32A(7) of the Water Act 1989
insert--
"(7A) If a draft management plan is refused, the
Minister may--
(a) appoint a consultative committee under
5
section 29 to prepare a new draft
management plan for the relevant water
supply protection area; or
(b) prepare a new draft management plan;
or
10
(c) abolish the water supply protection area
under section 28; or
(d) take any other action that the Minister
considers appropriate in the
circumstances.
15
(7B) This Division applies to the preparation and
approval of a new draft management plan
referred to in sub-section (7A)(a) or (b) in
the same way as it applies to a draft
management plan.".
20
(4) After section 32A(10) of the Water Act 1989
insert--
"(10A) A draft management plan is not invalid
merely because of a defect or irregularity in,
or in connection with the approval of the
25
plan.".
12
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 5--Water Act 1989
s. 15
15. New sections 305C and 305D inserted--Water Act
1989
After section 305B of the Water Act 1989
insert--
"305C. Incorporation of documents in certain
5
orders or other instruments
(1) An order or other instrument made under a
section specified in sub-section (2) may
apply, adopt or incorporate any matter
contained in any document formulated,
10
issued, prescribed or published by any
person, whether--
(a) wholly or partially or as amended by
the order or other instrument; or
(b) as formulated, issued, prescribed or
15
published at the time the order or other
instrument is made or at any time
before then; or
(c) as formulated, issued, prescribed or
published from time to time.
20
(2) Sub-section (1) applies in respect of the
following sections--
(a) section 3(2);
(b) section 4;
(c) section 13;
25
(d) section 22A;
(e) section 27;
(f) section 28;
(g) section 32A;
(h) section 32E;
30
(i) section 96(11);
(j) section 97;
13
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 5--Water Act 1989
s. 15
(k) section 98;
(l) section 104;
(m) section 106;
(n) section 107;
(o) section 131;
5
(p) section 160;
(q) section 188;
(r) section 202;
(s) section 203;
(t) section 205;
10
(u) section 214;
(v) section 215;
(w) section 216;
(x) section 218.
305D. Validation of certain orders or other
15
instruments
An order or other instrument made or
purported to be made under section 3(2), 4,
13, 27, 28, 32A, 32E, 64A, 64B, 96(11), 97,
98, 104, 106, 107, 131, 160, 188, 202, 203,
20
205, 214, 215, 216 or 218 on or after 1 July
1984 and in force, or purportedly in force,
immediately before the commencement of
Part 5 of the Environment and Water
Legislation (Miscellaneous Amendments)
25
Act 2005 that would have been validly made
if section 305C had been in operation at the
time the relevant order or other instrument
was made or purported to be made has, and
is deemed always to have had, the same
30
force and effect as it would have had--
14
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 5--Water Act 1989
s. 15
(a) if section 305C had been in operation at
that time; and
(b) despite any failure or purported failure
to comply with the requirements of
section 32 of the Interpretation of
5
Legislation Act 1984 in respect of that
order or other instrument.".
__________________
15
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 6--Melbourne and Metropolitan Board of Works Act 1958
s. 16
See: PART 6--MELBOURNE AND METROPOLITAN BOARD OF
Act No.
WORKS ACT 1958
6310.
Reprint No. 10
as at
16. New sections 241A and 241B inserted--Melbourne
1 August 2003
and Metropolitan Board of Works Act 1958
and
amending
After section 241 of the Melbourne and
5 Act No.
10/2005.
Metropolitan Board of Works Act 1958
LawToday:
insert--
www.dms.
dpc.vic.
"241A. Incorporation of documents in certain
gov.au
orders or other instruments
(1) An order or other instrument made under a
10
section specified in sub-section (2) may
apply, adopt or incorporate any matter
contained in any document formulated,
issued, prescribed or published by any
person, whether--
15
(a) wholly or partially or as amended by
the order or other instrument; or
(b) as formulated, issued, prescribed or
published at the time the order or other
instrument is made or at any time
20
before then; or
(c) as formulated, issued, prescribed or
published from time to time.
(2) Sub-section (1) applies in respect of the
following sections--
25
(a) section 3(3);
(b) section 110;
(c) section 201(2);
(d) section 240A;
(e) section 263;
30
(f) section 270;
16
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Part 6--Melbourne and Metropolitan Board of Works Act 1958
s. 16
(g) section 278;
(h) section 285.
241B. Validation of certain orders or other
instruments
An order or other instrument made or
5
purported to be made under section 3(3),
110, 201(2), 240A, 263, 270, 278 or 285 on
or after 1 July 1984 and in force, or
purportedly in force, immediately before the
commencement of Part 6 of the
10
Environment and Water Legislation
(Miscellaneous Amendments) Act 2005
that would have been validly made if
section 241A had been in operation at the
time the relevant order or other instrument
15
was made or purported to be made has, and
is deemed always to have had, the same
force and effect as it would have had--
(a) if section 241A had been in operation at
that time; and
20
(b) despite any failure or purported failure
to comply with the requirements of
section 32 of the Interpretation of
Legislation Act 1984 in respect of that
order or other instrument.".
25
17
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Environment and Water Legislation (Miscellaneous
Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
18
551326B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
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