Great Ocean Road and Environs Protection Bill 2019

PARLIAMENT OF VICTORIA Great Ocean Road and Environs Protection Bill 2019 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 5 1 Purposes 5 2 Commencement 6 3 Definitions 6 4 Act does not affect native title rights and interests or certain other rights 12 5 Filming Approval Act 2014 12 6 Transport Integration Act 2010 12 7 Act binds the Crown 12 Part 2--Great Ocean Road region, coast and parks and scenic landscapes area 13 8 Great Ocean Road region 13 9 Great Ocean Road coast and parks 14 10 Great Ocean Road scenic landscapes area 15 11 Declarations of additional areas of Great Ocean Walk 16 Part 3--Great Ocean Road coast and parks protection principles 17 12 Application of Part 17 13 General and economic principles 17 14 Aboriginal inclusion principles 17 15 Environmental principles 18 16 Social principles 18 Part 4--Great Ocean Road strategic framework plan 20 Division 1--Purposes of Great Ocean Road strategic framework plan 20 17 Purposes 20 Division 2--Preparation of Great Ocean Road strategic framework plan 20 18 Minister must prepare Great Ocean Road strategic framework plan 20 19 Consistency with Great Ocean Road coast and parks protection principles 20 591059B.I-26/11/2019 i BILL LA INTRODUCTION 26/11/2019

Clause Page 20 Land to which the Great Ocean Road strategic framework plan applies 21 21 Long-term objectives and vision statement 21 22 Requirements of Great Ocean Road strategic framework plan 22 Division 3--Minister to prepare draft Great Ocean Road strategic framework plan 24 23 Preparation of draft Great Ocean Road strategic framework plan 24 Division 4--Public consultation 24 24 Release of draft Great Ocean Road strategic framework plan for public consultation 24 25 Public submissions on draft Great Ocean Road strategic framework plan 25 Division 5--Panels 25 26 Appointment of panel 25 27 Composition of panel 25 28 Chairperson 26 29 Costs and expenses of panel 26 30 Panels with more than one member 26 31 Panel may regulate its own proceedings 27 32 Department Head to provide assistance 27 33 Consideration of submissions 27 34 Conduct of hearings by panel 28 35 Offences 28 Division 6--Revision and approval of Great Ocean Road strategic framework plan 29 36 Minister to prepare revised draft Great Ocean Road strategic framework plan 29 37 Minister to provide a revised draft Great Ocean Road strategic framework plan to certain entities 29 Division 7--Approval of Great Ocean Road strategic framework plan 30 38 Minister to publish notice of approval in Government Gazette 30 39 When Great Ocean Road strategic framework plan comes into operation 30 40 Great Ocean Road strategic framework plan and notice of approval to be laid before Parliament 30 41 Public availability of approved Great Ocean Road strategic framework plan 31 591059B.I-26/11/2019 ii BILL LA INTRODUCTION 26/11/2019

Clause Page Division 8--Amendment of approved plan and preparation of new plan 31 42 Minor amendments to approved Great Ocean Road strategic framework plan 31 43 Preparation of new Great Ocean Road strategic framework plan after 10 years 32 Division 9--Interaction with other Acts 32 44 Specific legislation and a Great Ocean Road strategic framework plan 32 Division 10--Delegation 36 45 Power of Minister to delegate 36 Part 5--Great Ocean Road Coast and Parks Authority 37 Division 1--Establishment, functions and powers 37 46 Establishment of the Authority 37 47 Object of the Authority 38 48 Functions and powers of the Authority 38 49 Lead agency 40 50 Chief executive officer of the Authority 40 51 Staff of the Authority 41 52 Delegation by the Authority 41 53 Ministerial directions 41 54 Authority is a public entity and a public body 42 Division 2--Board of the Great Ocean Road Coast and Parks Authority 42 55 Board of directors 42 56 Constitution of the board 42 57 Appointment of directors 43 58 Chairperson and deputy chairperson 44 59 Vacancies, resignations and removal from office 44 60 Validity of acts or decisions 45 61 Proceedings of the board 45 Division 3--Reporting obligations of the board of the Authority 46 62 Board to prepare annual corporate plan and 5-year business strategy 46 Part 6--Reporting on the Great Ocean Road strategic framework plan 47 63 Responsible entities to report on implementation of the Great Ocean Road strategic framework plan 47 64 Authority to report on responsible entities' implementation of the Great Ocean Road strategic framework plan 47 591059B.I-26/11/2019 iii BILL LA INTRODUCTION 26/11/2019

Clause Page 65 Authority to prepare additional 5-yearly report on responsible entities 48 Part 7--General 49 66 Regulations 49 Part 8--Savings and transitional provisions 50 67 Definitions 50 68 Authority is committee of management 50 69 Transfer of staff to the Authority 51 70 Transfer of assets and liabilities to the Authority 52 71 Transfer of leases, licences and permits to the Authority 53 Part 9--Amendment of Commissioner for Environmental Sustainability Act 2003 54 72 Functions of the Commissioner 54 73 New section 17C inserted 54 Part 10--Amendment of Planning and Environment Act 1987 56 74 Definitions 56 75 New section 4AC inserted 57 76 New Part 3AAC inserted 58 Part 11--Consequential amendments to other Acts 62 Division 1--Catchment and Land Protection Act 1994 62 77 Definitions 62 78 New section 12AB inserted 63 Division 2--Conservation, Forests and Lands Act 1987 64 79 Definitions 64 80 Definitions 64 81 Joint preparation of management plans 64 82 Appointment of persons to perform certain functions of authorised officers 65 83 Schedule 1 amended 65 Division 3--Crown Land (Reserves) Act 1978 65 84 Definitions 65 85 Appointment of committees of management 66 86 New section 15B inserted 66 87 New section 18E inserted 67 Division 4--Filming Approval Act 2014 68 88 Definitions 68 591059B.I-26/11/2019 iv BILL LA INTRODUCTION 26/11/2019

Clause Page Division 5--Forests Act 1958 68 89 Definitions 68 90 New section 18D inserted 69 91 Power to declare land in reserved forests to be a forest park etc. 70 Division 6--Heritage Rivers Act 1992 70 92 Contents of management plans 70 Division 7--Local Government Act 1989 71 93 Definitions 71 94 New section 3I inserted 72 Division 8--Marine and Coastal Act 2018 73 95 Definitions 73 96 Preparation of products under regional and strategic partnerships 73 97 Preparation of environmental management plans 73 98 Preparation of coastal and marine management plans 74 Division 9--National Parks Act 1975 74 99 Definitions 74 100 New section 20C inserted 75 101 New section 27BC inserted 76 Division 10--Parks Victoria Act 2018 76 102 Definitions 76 103 New section 10A inserted 77 104 Land management plans 78 Division 11--Traditional Owner Settlement Act 2010 78 105 Definition of land use activity 78 106 Definition of decision maker 78 Division 12--Transport Integration Act 2010 79 107 Definitions 79 108 New section 64IA inserted 80 109 New section 127B inserted 81 Division 13--Victorian Planning Authority Act 2017 82 110 Definitions 82 111 New section 10C inserted 83 Division 14--Water Act 1989 84 112 Definitions 84 113 New section 124C inserted 84 591059B.I-26/11/2019 v BILL LA INTRODUCTION 26/11/2019

Clause Page 114 New section 171K inserted 86 115 Preparation of regional waterway strategies 87 Division 15--Wildlife Act 1975 87 116 Definitions 87 117 New section 14C inserted 88 Division 16--Repeal of amending Parts 89 118 Repeal of amending Parts 89 ═════════════ Endnotes 90 1 General information 90 591059B.I-26/11/2019 vi BILL LA INTRODUCTION 26/11/2019

PARLIAMENT OF VICTORIA Introduced in the Assembly Great Ocean Road and Environs Protection Bill 2019 A Bill for an Act to recognise the importance of the landscapes and seascapes along the Great Ocean Road to the economic prosperity and liveability of Victoria and as one living and integrated natural entity for the purposes of protecting the region, to establish a Great Ocean Road Coast and Parks Authority to which various land management responsibilities are to be transferred and to make related and consequential amendments to other Acts and for other purposes. Preamble The Parliament recognises the intrinsic connection of the traditional owners to the land and sea Country that the Great Ocean Road traverses, and that the area has nourished and sustained the traditional owners physically and spiritually and continues to be important to the traditional owners today and into the future. Eastern Maar The following statement (in a Maar language1 and in English) is from the Eastern Maar-- 'watnanda koong meerreeng, tyama-ngan malayeetoo' 591059B.I-26/11/2019 1 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Ngatanwarr Ngeerang meerreeng-an Peepay meerreeng-an Kakayee meerreeng-an Wartee meerreeng-an Maara-wanoong, laka. Wanga-kee-ngeeye Meereeng-ngeeye, pareeyt, nganpeeyan, weeyn, wooroot, poondeeya-teeyt Meerreeng-ngeeye, nhakateeyt, woorroong, leehnan, mooroop, keerray Meerreeng-ngeeye, thookay-ngeeye, pareeyt pareeyt ba waran waran-ngeeye, wangeeyarr ba wangeet - ngeeye, maar ba thanampool-ngeeye, Ngalam Meen-ngeeye, mooroop-ngeeye Meerreeng-ngeeye Maar, Maar meerreeng Wamba-wanoong yaapteeyt-oo, leerpeeneeyt- ngeeye, kooweekoowee-ngeeye nhakapooreepooree-ngeeye, keeyan-ngeeye Wamba-wanoong nhoonpee yaapteeyt-oo, tyama-takoort meerreeng Peetyawan weeyn Meerreeng, nhaka Meerreeng, keeyan Meerreeng, nganto-pay ngootyoonayt meerreeng Kooweeya-wanoong takoort meerreeng-ee ba watanoo Meerreng-ngeeye, yana-thalap-ee ba wanga-kee Meerreeng laka Ngeetoong keeyan-ngeen Meerreeng, Meerreeng keeyan ngooteen Together body and Country, we know long time (We see all of you), greeting. Mother my Country. Father my Country. Sister my Country. Brother my Country. We are the Maar speaking Peoples. Hear us. 591059B.I-26/11/2019 2 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Our Country is water, air, fire, trees, life. Our Country is thought, language, heart, soul, blood. Our Country is our Children, our youth, our Elders, our men and women, our Ancestors, our spirit. Our Country is Maar, Maar is Country. We bring to the light our songs, our stories, our vision, our love. We bring these things to the light so All can know Country. To care for Country. To think about Country. To love Country. To protect Country. We invite all that choose to live on or visit our Country to slow down. To tread softly and listen to Country speak. If you love Country, Country will love you Wadawurrung The following statement (in the Wadawurrung language2 and in English) is from the Wadawurrung-- Comugeen budjo thalikiyu kin bil bengordi ngadak. Ngarrwabil, boron, guli, bagurrk. Comugeen budjo bengadak ngarruk dja, ngubiyt, weagoon gobata gupma wurring baap bengordi nganak, djarrima murrupnhuk bengadak Gobata Wadawurrung balug jumbuk dirdalbil murrupnhuk bundjil monomeet beeko weagoon. Mutjakak noogie wada durralully. Wangarrak Wadawurrung balug bengadak mirriyu birraleedja gobata kia ying, ngarrimilli, wahak, karrung, kuya, nyanayit yanunit, djilenawurr, baap willam bengordi ngadak Nyurrinana ngal bengordi ngadak Willam wurdiwarri Wadawurrung Balug dja bengordi ngadak, bullarto nerrigirr baap monomeeth worrowing warree, gelanyi bulboluk 591059B.I-26/11/2019 3 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Koaka dorla, Godomut, Koornoo, Jan Juc, Mangowak Willamo weeagoon monomeetwa yonbarra baap wirrapiyn, buniya, tarka binyak ngal. Waweagoon nerrigurro kit baap bullarto gurrin kia wahak, karrung, yanikan werrity. Corroborree bullarto waik ngitj balugwa bengordi ngadak Beek budj kanamo ngitj. Mirr wurru ngarra dja bengadak. Mirritonton dja Wadawurrung balug, gobata beak yerraak murrup yanimirriyu ngarrwauk bengordi ngadak We deeply respect our people of the past. Elders, children, men, women. We deeply respect their knowledge of country, water, life, their care of the traditions and of each other, we stand with their spirit. Great spirit Bundjil told us to take care of the great life within the land. To only take what you need without selfishness. Wadawurrung shared their knowledge of singing, dance, trade, camps, fishing, hunting, paintings, and homes with us to protect for our future generations. We all need to help. Our Wadawurrung family group lived within the great sea, with a large land of forested areas and wonderful banks of the ocean, near many water bodies. Anglesea, Point Addis, Barwon Heads, Jan Juc, Aireys Inlet. These homes all provide ideal life to birds and fish, eels. Reeds turned into our baskets. Life in the forest gave resources like food and lots of tools to use for trade, building, journeys. If there was lots to trade, we would share with our families and celebrate. 591059B.I-26/11/2019 4 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 We love this earth will all our feeling We would name our country, by what we could see. Our country is remembered by Wadawurrung, our proud spirit walks to tomorrow to teach others the care of our earth. The Parliament of Victoria therefore enacts: Part 1--Preliminary 1 Purposes The purposes of this Act are-- (a) to recognise the importance of the Great 5 Ocean Road and its environs to the economic prosperity and liveability of Victoria, and as one living and integrated natural entity, for the purposes of protecting that area; and (b) to provide for the declaration of areas of land 10 and water known as the Great Ocean Road region and the Great Ocean Road scenic landscapes area; and (c) to provide for the declaration of an area of public land and water known as the Great 15 Ocean Road coast and parks; and (d) to set out principles to which responsible entities must have regard when performing functions or exercising powers in relation to the Great Ocean Road coast and parks; and 20 (e) to establish the Great Ocean Road Coast and Parks Authority; and (f) to provide for the development, implementation and monitoring of an overarching strategic framework plan for the 25 Great Ocean Road region; and 591059B.I-26/11/2019 5 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary (g) to amend the Commissioner for Environmental Sustainability Act 2003 to impose new reporting requirements in relation to the Great Ocean Road coast and 5 parks; and (h) to amend the Planning and Environment Act 1987 to provide for the interaction between a Great Ocean Road strategic framework plan and planning schemes; and 10 (i) to make consequential amendments to other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 15 (2) If a provision of this Act does not come into operation before 1 December 2020, it comes into operation on that day. 3 Definitions In this Act-- 20 amenity includes the features of the Great Ocean Road region that engage community connection with nature, culture and heritage and enhance community health and wellbeing, whether through tangible or 25 intangible means; approved Great Ocean Road strategic framework plan means a Great Ocean Road strategic framework plan that-- (a) has been approved under section 38; 30 and (b) is in operation; Authority means the Great Ocean Road Coast and Parks Authority established under Part 5; 591059B.I-26/11/2019 6 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary Barwon Water means Barwon Region Water Corporation constituted under Part 6 of the Water Act 1989; climate change has the same meaning as in the 5 Climate Change Act 2017; Department means the Department of Environment, Land, Water and Planning; Department Head means the person employed as the Department Head under section 12 of the 10 Public Administration Act 2004 for the Department; environment means-- (a) the physical factors of the surroundings of human beings including the land, 15 waters, atmosphere, climate, sound, odours and tastes; and (b) the biological factors of animals and plants; and (c) the social factor of aesthetics; 20 environmental carrying capacity means the scale of human activity that can take place in an area without an irreversible change in the environment of that area; Great Ocean Road means the National Heritage 25 listed length of the Great Ocean Road; Great Ocean Road coast and parks means-- (a) an area of public land or water declared under section 9; and (b) the initial Great Ocean Road land 30 declared under section 68; Great Ocean Road coast and parks protection principles means the principles set out in Part 3; 591059B.I-26/11/2019 7 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary Great Ocean Road region means an area of land or water declared under section 8; Great Ocean Road scenic landscapes area means an area of land or water declared under 5 section 10; Great Ocean Road settlement boundary means a settlement boundary in the Great Ocean Road scenic landscapes area that is protected under a Great Ocean Road strategic 10 framework plan; Great Ocean Road strategic framework plan means a plan prepared in accordance with Part 4; Great Ocean Walk means-- 15 (a) the walking track between Apollo Bay and the Twelve Apostles that is commonly known as the "Great Ocean Walk"; and (b) any additional areas of land declared 20 under section 11; Head, Transport for Victoria has the same meaning as in the Transport Integration Act 2010; marine and coastal environment has the same 25 meaning as in the Marine and Coastal Act 2018; municipal council has the same meaning as Council has in the Local Government Act 1989; 30 native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth; 591059B.I-26/11/2019 8 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary Parks Victoria has the same meaning as in the Parks Victoria Act 2018; Planning Minister means the Minister administering the Planning and 5 Environment Act 1987; protected settlement boundary has the same meaning as in the Planning and Environment Act 1987; public land means-- 10 (a) land reserved under the Crown Land (Reserves) Act 1978; or (b) land under the Land Act 1958; or (c) reserved forest within the meaning of the Forests Act 1958; or 15 (d) land under the management and control of the Secretary or Parks Victoria under the Wildlife Act 1975; or (e) land administered under the National Parks Act 1975; or 20 (f) freehold land owned by a responsible entity-- but does not include-- (g) land that is privately owned; or (h) land that is owned by a municipal 25 council; recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010; registered Aboriginal party has the same meaning 30 as in the Aboriginal Heritage Act 2006; responsible entity means-- (a) the Authority; or 591059B.I-26/11/2019 9 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary (b) Barwon Water; or (c) Colac Otway Shire Council; or (d) Corangamite Catchment Management Authority; or 5 (e) Corangamite Shire Council; or (f) Glenelg-Hopkins Catchment Management Authority; or (g) Head, Transport for Victoria; or (h) Moyne Shire Council; or 10 (i) Parks Victoria; or (j) the Secretary; or (k) Southern Rural Water; or (l) Surf Coast Shire Council; or (m) a Traditional Owner Land Management 15 Board; or (n) Victorian Planning Authority; or (o) Victorian Rail Track continued under section 116 of the Transport Integration Act 2010; or 20 (p) Wannon Water; or (q) Warrnambool City Council; or (r) any other public entity or body established for a public purpose that is prescribed to be a responsible entity; 25 Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; settlement boundary has the same meaning as in the Planning and Environment Act 1987; 591059B.I-26/11/2019 10 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary Southern Rural Water means Gippsland and Southern Rural Water Corporation constituted under Part 6 of the Water Act 1989; 5 specified Aboriginal party, in relation to an area of land, means any of the following-- (a) if there are native title holders for the whole or part of the area--the native title holders; 10 (b) if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement--the 15 traditional owner group entity; (c) if there is a registered Aboriginal party for the whole or part of the area--the registered Aboriginal party; traditional owner group entity has the same 20 meaning as in the Traditional Owner Settlement Act 2010; Traditional Owner Land Management Board means a Board established under Part 8A of the Conservation, Forests and Lands 25 Act 1987; Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the 30 Commonwealth; Wannon Water means Wannon Region Water Corporation constituted under Part 6 of the Water Act 1989. 591059B.I-26/11/2019 11 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 1--Preliminary 4 Act does not affect native title rights and interests or certain other rights (1) Nothing in this Act-- (a) is intended to affect native title rights and 5 interests otherwise than in accordance with the Native Title Act 1993 of the Commonwealth; or (b) derogates from any right or expectation under the Aboriginal Heritage Act 2006 or 10 the Traditional Owner Settlement Act 2010; or (c) affects any other right or expectation of traditional owners or Aboriginal Victorians under any other Act or law. 15 (2) In this section, affect and native title rights and interests have the same meanings as in the Native Title Act 1993 of the Commonwealth. 5 Filming Approval Act 2014 This Act is filming approval legislation within the 20 meaning of the Filming Approval Act 2014. 6 Transport Integration Act 2010 This Act is interface legislation within the meaning of the Transport Integration Act 2010. 7 Act binds the Crown 25 This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 591059B.I-26/11/2019 12 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 2--Great Ocean Road region, coast and parks and scenic landscapes area Part 2--Great Ocean Road region, coast and parks and scenic landscapes area 8 Great Ocean Road region (1) The Governor in Council, on the recommendation 5 of the Minister, may by Order published in the Government Gazette declare any area of land or water referred to in subsection (3) to be the Great Ocean Road region. (2) The Minister may only make a recommendation 10 under subsection (1) with the consent of-- (a) any Minister that administers an Act under which public land is managed, if public land under that Act is within the proposed Great Ocean Road region; and 15 (b) the Planning Minister. (3) An Order under subsection (1) may include the following-- (a) land and water between the outer limit of Victorian coastal waters and the Great Ocean 20 Road; (b) land and water between the Great Ocean Road and inland of the Great Ocean Road that is within the municipal districts of the following municipal councils-- 25 (i) Surf Coast Shire Council; (ii) Colac Otway Shire Council; (iii) Corangamite Shire Council; (iv) Moyne Shire Council; (v) Warrnambool City Council. 30 (4) The Order must identify any land to which it applies by reference to a numbered plan lodged in the Central Plan Office. 591059B.I-26/11/2019 13 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 2--Great Ocean Road region, coast and parks and scenic landscapes area (5) The Governor in Council may remove any land or water from the Great Ocean Road region in the same manner as a declaration is made under this section. 5 9 Great Ocean Road coast and parks (1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette declare any area of public land or water referred to in subsection (3) to be 10 the Great Ocean Road coast and parks. (2) The Minister may only make a recommendation under subsection (1) with the consent of-- (a) any Minister that administers an Act under which public land is managed, if public land 15 under that Act is within the proposed Great Ocean Road coast and parks; and (b) the Planning Minister. (3) An Order under subsection (1) may include the following-- 20 (a) public land and water between the outer limit of Victorian coastal waters and the Great Ocean Road; (b) public land and water between the Great Ocean Road and inland of the Great Ocean 25 Road that is within the municipal districts of the following municipal councils-- (i) Surf Coast Shire Council; (ii) Colac Otway Shire Council; (iii) Corangamite Shire Council; 30 (iv) Moyne Shire Council; (v) Warrnambool City Council. 591059B.I-26/11/2019 14 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 2--Great Ocean Road region, coast and parks and scenic landscapes area (4) The Order must identify any land to which it applies by reference to a numbered plan lodged in the Central Plan Office. (5) The Governor in Council may remove any land or 5 water from the Great Ocean Road coast and parks in the same manner as a declaration is made under this section. 10 Great Ocean Road scenic landscapes area (1) The Governor in Council, on the recommendation 10 of the Minister, may by Order published in the Government Gazette declare any area of land or water referred to in subsection (3) to be the Great Ocean Road scenic landscapes area. (2) The Minister may only make a recommendation 15 under subsection (1) with the consent of-- (a) the Premier; and (b) the Treasurer; and (c) any Minister that administers an Act under which public land is managed, if public land 20 under that Act is within the proposed Great Ocean Road scenic landscapes area; and (d) the Planning Minister. (3) An Order under subsection (1) may include the following-- 25 (a) land and water between the coastline and the Great Ocean Road; (b) land between the outer limit of Victorian coastal waters and inland of the Great Ocean Road that is within the viewshed of the Great 30 Ocean Road, the coastline or the Great Ocean Walk; (c) any land adjacent to land referred to in paragraph (a) or (b). 591059B.I-26/11/2019 15 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 3--Great Ocean Road coast and parks protection principles Part 3--Great Ocean Road coast and parks protection principles 12 Application of Part The principles set out in this Part apply to 5 responsible entities performing a function or duty or exercising a power in relation to the Great Ocean Road coast and parks. 13 General and economic principles (1) The amenity and visitor experience of the Great 10 Ocean Road coast and parks, including its natural features, character and appearance, should be protected and enhanced for the benefit of the whole community. (2) A holistic approach to the management of the 15 Great Ocean Road coast and parks should be adopted with integrated planning, aligned decision-making and coordinated implementation of planning across all responsible entities. (3) Decision-making should be based on the effective 20 integration of environmental, cultural, social and economic considerations. (4) Protecting the environment and attracting sustainable investment should be a responsibility shared by all levels of government, industry, 25 business and communities. (5) Each generation should ensure that the environmental, social, cultural and economic benefits that have been acquired are maintained or enhanced for the benefit of future generations. 30 14 Aboriginal inclusion principles (1) Aboriginal cultural values, practices, heritage and knowledge should be acknowledged, respected, protected and promoted. 591059B.I-26/11/2019 17 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 3--Great Ocean Road coast and parks protection principles (2) The intrinsic connection of the traditional owners to Country should be acknowledged through partnership and involvement in policy development, planning, and decision-making for 5 public land management. (3) Traditional owners should be involved in the integration of their ecological knowledge and land management practices into the management of the Great Ocean Road coast and parks. 10 15 Environmental principles (1) Natural, cultural and ecological values should be protected, and cumulative impacts on the environment should be considered in decision-making. 15 (2) Decision makers should take into account evidence about climate change risks to avoid, so far as possible, serious or irreversible damage resulting from climate change. (3) If there are threats of serious or irreversible 20 damage to the environment, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent or minimise those threats. (4) There should be a net gain for the environment 25 arising out of any individual change in land use. 16 Social principles (1) The heritage of the Great Ocean Road and post-European settlement communities should be recognised, protected and promoted. 30 (2) Management and development of the Great Ocean Road coast and parks should protect and improve community access, use and enjoyment, and allow for multiple compatible uses of public open spaces that are within the environmental carrying 35 capacity of those spaces. 591059B.I-26/11/2019 18 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 3--Great Ocean Road coast and parks protection principles (3) Community consultation and participation should play an essential and effective role in the protection, improvement and promotion of the Great Ocean Road coast and parks. 591059B.I-26/11/2019 19 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan Part 4--Great Ocean Road strategic framework plan Division 1--Purposes of Great Ocean Road strategic framework plan 5 17 Purposes The purposes of the Great Ocean Road strategic framework plan are-- (a) to provide the strategic direction for the future use of land in the Great Ocean Road 10 region and for sustainable economic development across that region; and (b) to identify areas for protection within the Great Ocean Road region; and (c) to guide sustainable visitation within the 15 Great Ocean Road region by providing for a regional policy for visitor management; and (d) to guide planning and investment relating to visitor facilities and infrastructure in the Great Ocean Road region. 20 Division 2--Preparation of Great Ocean Road strategic framework plan 18 Minister must prepare Great Ocean Road strategic framework plan The Minister must prepare a Great Ocean Road 25 strategic framework plan in accordance with this Part. 19 Consistency with Great Ocean Road coast and parks protection principles Any part of the Great Ocean Road strategic 30 framework plan that applies to the Great Ocean Road coast and parks must not be inconsistent 591059B.I-26/11/2019 20 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan with the Great Ocean Road coast and parks protection principles. 20 Land to which the Great Ocean Road strategic framework plan applies 5 (1) The Great Ocean Road strategic framework plan applies to the Great Ocean Road region. (2) The Minister may specify all or part of the Great Ocean Road region as land to which a specified part of the Great Ocean Road strategic framework 10 plan applies. (3) The Minister may include spatial plans in the Great Ocean Road strategic framework plan for the purposes of subsection (2). (4) The Minister may specify as binding on 15 responsible entities any parts of the Great Ocean Road strategic framework plan that relate to the Great Ocean Road scenic landscapes area. 21 Long-term objectives and vision statement (1) The Great Ocean Road strategic framework plan 20 must set out long-term objectives for the Great Ocean Road region. (2) The Great Ocean Road strategic framework plan must set out a vision statement for a period of at least 50 years that-- 25 (a) identifies the values, priorities and preferences of the Victorian community in relation to the Great Ocean Road region; and (b) identifies the aspirations and objectives of specified Aboriginal parties in relation to the 30 Great Ocean Road region; and (c) includes preferences for future land use, protection and development in the Great Ocean Road region. 591059B.I-26/11/2019 21 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan 22 Requirements of Great Ocean Road strategic framework plan (1) The Great Ocean Road strategic framework plan must-- 5 (a) give effect to the long-term objectives identified under section 21(1); and (b) give effect to the vision statement; and (c) recognise, protect and promote Aboriginal tangible and intangible values and other 10 cultural and heritage values; and (d) prioritise preservation of the ecological and landscape integrity of marine and coastal environments in the Great Ocean Road region; and 15 (e) include a framework for decision-making in relation to the future use and sustainable development of land in the Great Ocean Road region that-- (i) identifies areas for protection within the 20 Great Ocean Road region; and (ii) integrates environmental, cultural, social and economic factors for the benefit of the community; and (iii) encourages environmentally sustainable 25 development; and (iv) subject to subsection (2), may designate any settlement boundary in a plan of the Great Ocean Road scenic landscapes area as a Great Ocean Road 30 settlement boundary; and (v) identifies areas for key visitor facilities and infrastructure and sets out an approach to visitor management within the Great Ocean Road region; and 591059B.I-26/11/2019 22 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (vi) takes into account the projected impacts of natural processes and climate change; and Note 5 Natural processes include any geomorphological processes, weather or environmental forces. (vii) takes into account emergency management requirements; and 10 (viii) takes the following into account-- (A) the quality of life for local communities in the Great Ocean Road region; (B) the need for economic 15 development of the Great Ocean Road region; and (f) state the parts of the plan that are binding (if any) on responsible entities and the parts to which responsible entities are only 20 required to have regard; and (g) cover any other matter relating to the Great Ocean Road region as determined by the Minister. (2) A Great Ocean Road strategic framework plan 25 must not designate a settlement boundary that is a protected settlement boundary as a Great Ocean Road settlement boundary. (3) The Great Ocean Road strategic framework plan must include a copy of any Orders made under 30 section 8, 9 or 10. 591059B.I-26/11/2019 23 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan Division 3--Minister to prepare draft Great Ocean Road strategic framework plan 23 Preparation of draft Great Ocean Road strategic framework plan 5 (1) The Minister must prepare a draft Great Ocean Road strategic framework plan and give a copy of that plan to-- (a) any specified Aboriginal party in relation to the Great Ocean Road region; and 10 (b) the responsible entities and the Ministers responsible for those entities. (2) An entity referred to in subsection (1)(a) or (b) may make a submission to the Minister on the draft Great Ocean Road strategic framework plan. 15 Division 4--Public consultation 24 Release of draft Great Ocean Road strategic framework plan for public consultation (1) The Minister may approve a draft Great Ocean Road strategic framework plan for release for 20 public consultation. (2) The Minister must have regard to any submissions received under section 23(2) when determining whether to approve a draft Great Ocean Road strategic framework plan for release for public 25 consultation. (3) After the Minister has approved a draft Great Ocean Road strategic framework plan for release for public consultation, the Minister must make a copy of that draft available-- 30 (a) for public inspection, free of charge, at the head office of the Department; and (b) on the Internet site of the Department. 591059B.I-26/11/2019 24 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan 25 Public submissions on draft Great Ocean Road strategic framework plan (1) The Minister must advertise, in any manner the Minister thinks fit-- 5 (a) the availability of a draft Great Ocean Road strategic framework plan for inspection; and (b) the opportunity for public submissions to be made to the Minister on the draft plan, indicating that all submissions will be 10 available for inspection by the public; and (c) the time period for public submissions to be made, being a period of at least 2 months. (2) The Minister must make a copy of all public submissions made to the Minister on a draft Great 15 Ocean Road strategic framework plan available for public inspection, free of charge, at the head office of the Department. (3) At the end of the public submission period, the Minister must-- 20 (a) consider all submissions made to the Minister; and (b) refer any submissions that the Minister does not adopt to a panel appointed under section 26. 25 Division 5--Panels 26 Appointment of panel The Minister must appoint a panel to consider submissions to be referred to a panel by the Minister under section 25(3)(b). 30 27 Composition of panel A panel may consist of one or more persons. 591059B.I-26/11/2019 25 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan 28 Chairperson If a panel consists of more than one member, the Minister must appoint one of the members to be chairperson. 5 29 Costs and expenses of panel (1) Each member of a panel is entitled to receive any fees and allowances fixed by the Department Head in respect of that member. (2) The Department Head must pay the fees or 10 allowances unless the Minister otherwise determines. (3) If any member of a panel is a person employed by or on behalf of the Crown, the Department Head must pay to the Crown the amount fixed by the 15 Minister in respect of the costs of remuneration and expenses of that person for the period that the person is a member of the panel. (4) The Department Head must pay for, or reimburse, any reasonable costs and expenses incurred for or 20 by a panel in carrying out its functions under this Part unless the Minister otherwise determines. 30 Panels with more than one member The following provisions apply to panels with more than one member-- 25 (a) in the case of a panel of 2 members, the chairperson constitutes a quorum; (b) in the case of a panel of more than 2 members, a quorum is half the number of members constituting the panel and, 30 if this would not be a whole number, the next highest whole number; 591059B.I-26/11/2019 26 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (c) the members of a panel of more than 2 members may appoint a member to act as chairperson at a meeting of the panel if the chairperson is unable to attend; 5 (d) the chairperson has an additional or casting vote if there is an equality of votes at a meeting of the panel; (e) if there is a quorum, the panel may act despite a vacancy in its membership; 10 (f) the Minister may appoint another member to a panel if there is a vacancy. 31 Panel may regulate its own proceedings Subject to this Division, a panel may regulate its own proceedings. 15 32 Department Head to provide assistance The Department Head must provide a panel with any secretarial and other assistance that the panel requires to carry out its functions under this Part. 33 Consideration of submissions 20 (1) A panel must consider the submissions referred to it and give any person who made a public submission referred to it a reasonable opportunity to be heard. (2) The panel must give a reasonable opportunity to 25 be heard to-- (a) any responsible entity; and (b) the Minister; and (c) any specified Aboriginal party for the Great Ocean Road region; and 30 (d) any person that the Minister directs the panel to hear. 591059B.I-26/11/2019 27 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan 34 Conduct of hearings by panel (1) Subject to this Part and any necessary modification, Division 2 of Part 8 of the Planning and Environment Act 1987 5 (except sections 169 and 170 of that Act) applies to the conduct of a hearing by a panel under this Part as if-- (a) a reference in Part 8 of that Act to the relevant planning authority were a reference 10 to the Minister; and (b) Part 8 of that Act did not refer to the preparation of a planning scheme or an amendment of a planning scheme. (2) The panel must report its findings, including any 15 recommendations that the panel thinks fit-- (a) to the Minister; and (b) to the Planning Minister (if the Minister administering this Act is not the Planning Minister). 20 (3) The Minister must make a copy of the panel's report under subsection (2) available-- (a) for public inspection, free of charge, at the head office of the Department; and (b) on the Internet site of the Department. 25 35 Offences A person must not-- (a) obstruct a member of a panel while the member is performing functions or exercising powers as a member; or 30 (b) obstruct any person attending a hearing before a panel; or (c) repeatedly interrupt a hearing before a panel; or 591059B.I-26/11/2019 28 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (d) without lawful excuse disobey a direction of a panel. Penalty: 10 penalty units. Division 6--Revision and approval of Great Ocean 5 Road strategic framework plan 36 Minister to prepare revised draft Great Ocean Road strategic framework plan After the process under Divisions 4 and 5 (the public submission process) is completed, the 10 Minister must-- (a) consider a report of a panel under section 33(4); and (b) prepare a revised draft Great Ocean Road strategic framework plan to take account 15 of-- (i) any amendments arising out of the public submission process; and (ii) any recommendations in any report of a panel. 20 37 Minister to provide a revised draft Great Ocean Road strategic framework plan to certain entities (1) The Minister must give a copy of a revised draft Great Ocean Road strategic framework plan-- (a) to the responsible entities, and to the 25 Ministers responsible for those entities; and (b) to any specified Aboriginal party in relation to the Great Ocean Road region. (2) The Minister must have regard to any responses received from the persons referred to in 30 subsection (1) when determining whether to approve a revised draft Great Ocean Road strategic framework plan. 591059B.I-26/11/2019 29 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan Division 7--Approval of Great Ocean Road strategic framework plan 38 Minister to publish notice of approval in Government Gazette 5 (1) The Minister may approve a Great Ocean Road strategic framework plan, subject to receiving the approval of the following Ministers-- (a) the Planning Minister (if the Minister administering this Act is not the Planning 10 Minister) in regard to any contents that have implications relating to the Planning and Environment Act 1987; (b) any Minister that administers an Act under which public land is managed, if public land 15 under that Act is within the Great Ocean Road region. (2) The Minister must publish notice of the approval of the Great Ocean Road strategic framework plan in the Government Gazette. 20 39 When Great Ocean Road strategic framework plan comes into operation A Great Ocean Road strategic framework plan comes into operation on-- (a) the day on which notice of its approval is 25 published in the Government Gazette; or (b) any later date specified in that notice as the day the Great Ocean Road strategic framework plan comes into operation. 40 Great Ocean Road strategic framework plan and 30 notice of approval to be laid before Parliament On or before the 7th sitting day after notice of the approval of a Great Ocean Road strategic framework plan has been published in the Government Gazette under section 38, a copy of 591059B.I-26/11/2019 30 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan that plan and that notice must be laid before each House of the Parliament. 41 Public availability of approved Great Ocean Road strategic framework plan 5 While an approved Great Ocean Road strategic framework plan remains in force, a copy of it must be made available-- (a) for public inspection, free of charge, at the principal office of each responsible entity 10 and the Department; and (b) on the Internet sites of each responsible entity and the Department. Division 8--Amendment of approved plan and preparation of new plan 15 42 Minor amendments to approved Great Ocean Road strategic framework plan (1) The Minister may amend an approved Great Ocean Road strategic framework plan if the Minister is satisfied that the amendment is of a 20 minor or technical nature so that compliance with this Part (other than this section) in relation to the amendment is not warranted. (2) Before making an amendment under subsection (1), the Minister must consult with-- 25 (a) the Planning Minister, if the Minister administering this Act is not the Planning Minister; and (b) any Minister that administers an Act under which public land is managed, if public land 30 under that Act is within the Great Ocean Road region; and (c) the Minister responsible for a responsible entity affected by the proposed amendment. 591059B.I-26/11/2019 31 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan 43 Preparation of new Great Ocean Road strategic framework plan after 10 years (1) No later than 10 years after the commencement of a Great Ocean Road strategic framework plan, the 5 Minister must-- (a) conduct and complete a review of that Great Ocean Road strategic framework plan; and (b) prepare and complete a new Great Ocean Road strategic framework plan. 10 (2) Subject to any necessary modification, Divisions 1 to 7 apply to the preparation of a new Great Ocean Road strategic framework plan. Division 9--Interaction with other Acts 44 Specific legislation and a Great Ocean Road 15 strategic framework plan (1) If a Great Ocean Road strategic framework plan applies to any land to which a management plan under the Heritage Rivers Act 1992 applies, the Great Ocean Road strategic framework plan must 20 not be inconsistent with-- (a) that Act; or (b) any management plan under that Act unless the Minister administering that Act, after consultation with the Minister administering 25 the Act under which the relevant land is managed (if any), gives a specific written endorsement to the Minister authorising the inconsistency. (2) If a Great Ocean Road strategic framework plan 30 applies to any land administered under the National Parks Act 1975, the Great Ocean Road strategic framework plan must not be inconsistent with-- (a) that Act; or 591059B.I-26/11/2019 32 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (b) any management plan under that Act unless Parks Victoria gives a specific written endorsement to the Minister authorising the inconsistency; or 5 (c) any land management plan under the Parks Victoria Act 2018 unless Parks Victoria gives a specific written endorsement to the Minister authorising the inconsistency. (3) If a Great Ocean Road strategic framework plan 10 applies to any land that is reserved under the Crown Land (Reserves) Act 1978, the Great Ocean Road strategic framework plan must not be inconsistent with-- (a) that Act; or 15 (b) the purpose for which that land is reserved; or (c) any land management plan under the Parks Victoria Act 2018 unless Parks Victoria gives a specific written endorsement to the 20 Minister authorising the inconsistency; or (d) an accepted recommendation. (4) If a Great Ocean Road strategic framework plan applies to any land that is reserved under the Crown Land (Reserves) Act 1978, and that land 25 is subject to additional management requirements as a State Wildlife Reserve or a Nature Reserve under the Wildlife Act 1975, the Great Ocean Road strategic framework plan must not be inconsistent with-- 30 (a) the Wildlife Act 1975; or (b) any plan of management under the Wildlife Act 1975 unless the land manager gives a specific written endorsement to the Minister authorising the inconsistency; or 591059B.I-26/11/2019 33 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (c) any land management plan under the Parks Victoria Act 2018 unless Parks Victoria gives a specific written endorsement to the Minister authorising the inconsistency; or 5 (d) an accepted recommendation. (5) If a Great Ocean Road strategic framework plan applies to any land to which a regional waterway strategy under the Water Act 1989 applies, the Great Ocean Road strategic framework plan must 10 not be inconsistent with-- (a) the Water Act 1989; or (b) that strategy unless the Water Minister and the environment Minister jointly give a specific written endorsement to the Minister 15 authorising the inconsistency. (6) If a Great Ocean Road strategic framework plan applies to any land that is Crown land which is the subject of a joint management plan under Part 8A of the Conservation, Forests and Lands 20 Act 1987 in respect of appointed land under that Part between the Secretary and a Traditional Owner Land Management Board, the Great Ocean Road strategic framework plan must not be inconsistent with-- 25 (a) the Conservation, Forests and Lands Act 1987; or (b) that joint management plan for the appointed land unless the Secretary and the Traditional Owner Land Management Board jointly give 30 a specific written endorsement to the Minister authorising the inconsistency. (7) If a Great Ocean Road strategic framework plan applies to any land that is marine and coastal Crown land which is the subject of a coastal and 35 marine management plan under Division 1 of Part 7 of the Marine and Coastal Act 2018, the 591059B.I-26/11/2019 34 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan Great Ocean Road strategic framework plan must not be inconsistent with-- (a) the Marine and Coastal Act 2018; or (b) that coastal and marine management plan 5 unless the Minister administering that Act gives a specific written endorsement to the Minister authorising the inconsistency; or (c) an environmental management plan made under section 49(2) of the Marine and 10 Coastal Act 2018; or (d) an accepted recommendation. (8) If a Great Ocean Road strategic framework plan applies to any land that is State forest under the Forests Act 1958, the Great Ocean Road strategic 15 framework plan must not be inconsistent with-- (a) the Forests Act 1958; or (b) any working plan under that Act unless the land manager gives a specific written endorsement to the Minister authorising the 20 inconsistency; or (c) any land management plan under the Parks Victoria Act 2018 unless Parks Victoria gives a specific written endorsement to the Minister authorising the inconsistency; or 25 (d) an accepted recommendation. (9) If a Great Ocean Road strategic framework plan applies to any land that is unreserved Crown land, the Great Ocean Road strategic framework plan must not be inconsistent with-- 30 (a) the Land Act 1958; or (b) any land management plan under the Parks Victoria Act 2018 unless Parks Victoria gives a specific written endorsement to the Minister authorising the inconsistency; or 591059B.I-26/11/2019 35 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 4--Great Ocean Road strategic framework plan (c) an accepted recommendation. (10) If a Great Ocean Road strategic framework plan applies to any land that is within an area of Victoria declared by the Governor in Council to 5 be a distinctive area and landscape under Part 3AAB of the Planning and Environment Act 1987, the Great Ocean Road strategic framework plan must not be inconsistent with the Statement of Planning Policy approved in relation 10 to that area under that Part. (11) Notice of any endorsement under this section must be published in the Government Gazette by the entity giving the endorsement to the Minister. (12) In this section-- 15 accepted recommendation has the same meaning as in section 3 of the Crown Land (Reserves) Act 1978; environment Minister has the same meaning as in the Water Act 1989; 20 water Minister means the Minister administering the Water Act 1989. Division 10--Delegation 45 Power of Minister to delegate The Minister may, by instrument, delegate to any 25 person any powers or functions under this Act relating to the Great Ocean Road strategic framework plan, other than this power of delegation. 591059B.I-26/11/2019 36 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority Part 5--Great Ocean Road Coast and Parks Authority Division 1--Establishment, functions and powers 46 Establishment of the Authority 5 (1) The Great Ocean Road Coast and Parks Authority is established. (2) The Authority-- (a) is a body corporate with perpetual succession; and 10 (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and 15 (e) may take land on lease and grant subleases of leased land; and (f) may accept grants or donations of money or other personal property (whether by deed, will or otherwise) for a purpose related to the 20 functions of the Authority; and (g) may expend any revenue from the land or any other moneys for any of the purposes of performing any of the functions of the Authority; and 25 (h) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal must be kept as directed by the board of the Authority and must not be used except as authorised by the board. 591059B.I-26/11/2019 37 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority (4) All courts must take judicial notice of the common seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 5 (5) Section 9 of the Financial Management Act 1994 does not apply to any grant or donation accepted by the Authority under subsection (2)(f). 47 Object of the Authority The object of the Authority is to protect, conserve, 10 rehabilitate and manage Crown land and coastal assets within the Great Ocean Road coast and parks. 48 Functions and powers of the Authority (1) The Authority has the following functions-- 15 (a) to accept appointment as the committee of management of Crown land within the Great Ocean Road coast and parks; (b) to be the lead agency for visitation management policy and planning of the 20 Great Ocean Road scenic landscapes area; (c) to provide advice to the Minister, the Department Head and responsible entities on matters relevant to the Great Ocean Road coast and parks; 25 (d) to do anything that is necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object; (e) any other function conferred on the 30 Authority by or under this Act or any other Act. (2) The Authority has all powers necessary to perform its functions under this Act. 591059B.I-26/11/2019 38 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority (3) In performing its functions and exercising its powers the Authority must-- (a) acknowledge the intrinsic connection of the traditional owners to Country, including by 5 way of suitable representation or involvement of specified Aboriginal parties in relation to the Great Ocean Road coast and parks in policy development, planning, land management and decision-making; and 10 (b) engage, consult and collaborate with other responsible entities that have responsibility for managing land and the visitor experience within the Great Ocean Road scenic landscapes area; and 15 (c) have regard to the functions conferred on councils, planning authorities and responsible authorities by the Planning and Environment Act 1987; and (d) have regard to the functions of public sector 20 bodies, including bodies that have responsibility for the planning and delivery of infrastructure, visitor economy and related services in and around the Great Ocean Road scenic landscapes area; and 25 (e) strive to achieve State Government policy objectives through coordination between all levels of government, government agencies and with the private sector; and (f) have regard to the Authority's current annual 30 corporate plan and 5-year business strategy. (4) The Authority must obtain the approval of the Minister before acquiring or disposing of real property. 591059B.I-26/11/2019 39 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority 49 Lead agency (1) The Authority is the lead agency for visitation management policy and planning by responsible entities of the Great Ocean Road scenic 5 landscapes area. (2) Without limiting section 48, in performing its function as lead agency the Authority may-- (a) liaise with, and encourage the co-operation of all responsible entities, peak bodies, 10 industries, communities and other persons involved in the economic development, promotion, management and supporting services for a coordinated approach to sustainable visitation in the area; and 15 (b) provide advice to Ministers, Government Departments, public entities and municipal councils about policies, practices and the provision of visitor management services, facilities and infrastructure relating to the 20 area. 50 Chief executive officer of the Authority (1) The Authority may appoint a person as chief executive officer of the Authority. (2) A person appointed under subsection (1) must not 25 be a member of the board of the Authority. (3) The chief executive officer holds office for the period, not exceeding 5 years, specified in their instrument of appointment. (4) The chief executive officer is responsible to the 30 board of the Authority for the carrying out of the Authority's functions. (5) The chief executive officer must comply with the directions of the board of the Authority. 591059B.I-26/11/2019 40 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority 51 Staff of the Authority The Authority may employ any other staff necessary for the performance of its functions. 52 Delegation by the Authority 5 (1) Subject to subsection (2), the Authority, by instrument, may delegate any function, duty or power of the Authority to-- (a) one or more members of the board; or (b) a committee established by the Authority 10 that is constituted by members of the board; or (c) the chief executive officer or an employee or a class of employee of the Authority; or (d) a person or a class of person employed under 15 the Public Administration Act 2004 in the administration of this Act or any other enactment. (2) The Authority cannot delegate-- (a) this power of delegation; or 20 (b) a power that the Authority has as a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958. 25 53 Ministerial directions (1) The Minister may-- (a) give directions to the Authority in relation to the performance of its functions or the exercise of its powers; and 30 (b) give directions to the Authority in relation to the performance of its functions or the exercise of its powers as a committee of management appointed under section 14 of 591059B.I-26/11/2019 41 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958. (2) The Minister must give the Authority at least 14 days' written notice of the Minister's intention 5 to give the Authority a direction under subsection (1). (3) The Authority must comply with a direction received under subsection (1). (4) The Authority must publish a direction-- 10 (a) in the Government Gazette; and (b) on its Internet site. (5) The Authority must publish a summary of a direction in its annual report. 54 Authority is a public entity and a public body 15 (1) The Authority is a public entity for the purposes of the Public Administration Act 2004. (2) The Authority is a public body for the purposes of the Financial Management Act 1994. Division 2--Board of the Great Ocean Road Coast 20 and Parks Authority 55 Board of directors (1) The Authority must have a board of directors. (2) The board may exercise the powers of the Authority. 25 56 Constitution of the board (1) The board consists of-- (a) a chairperson; and (b) a deputy chairperson; and (c) a nominee from each specified Aboriginal 30 party; and 591059B.I-26/11/2019 42 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority (d) other directors. (2) The board must consist of no more than 12 directors. 57 Appointment of directors 5 (1) The directors of the Authority must be appointed by the Governor in Council on the recommendation of the Minister. (2) Each director of the Authority must have skills, knowledge or experience relevant to the functions 10 of the Authority. (3) In addition to subsection (2), the directors of the Authority must consist of at least one of each of the following persons who, in the opinion of the Minister, have-- 15 (a) substantial experience of public administration or governance; (b) skills and experience in financial management; (c) skills and experience in environmental 20 conservation. (4) A person employed by or on behalf of a responsible entity, or who is on the board or committee of management of a responsible entity, cannot be appointed as a director of the Authority. 25 (5) A director must be appointed-- (a) for the period, not exceeding 4 years, specified in the instrument of appointment; and (b) on the terms and conditions (including 30 remuneration and allowances) specified in the instrument of appointment. (6) A director is eligible for reappointment. 591059B.I-26/11/2019 43 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority 58 Chairperson and deputy chairperson The chairperson and deputy chairperson of the board must be appointed from among the directors of the Authority. 5 59 Vacancies, resignations and removal from office (1) The office of a director of the Authority becomes vacant if the director-- (a) becomes an insolvent under administration; or 10 (b) is found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (c) retires or resigns; or (d) is removed from office. 15 (2) If the office of a director of the Authority becomes vacant before the end of the term of office, the Governor in Council may appoint a person to fill the vacancy and to hold office for the remainder of the term. 20 (3) If the office of a director of the Authority becomes vacant within 6 months before the end of the term of the office, the office may be left vacant for the remainder of the term. (4) A director of the Authority may resign by 25 delivering a signed letter of resignation to the Minister. (5) The Governor in Council, on the recommendation of the Minister, may remove a director of the board of the Authority from office on any of the 30 following grounds-- (a) misconduct; (b) neglect of duty; (c) inability to perform the duties of the office; 591059B.I-26/11/2019 44 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority (d) the director fails to declare a pecuniary or other interest as required under processes put in place by the Authority under section 81(1)(f) of the Public Administration 5 Act 2004; (e) the director is found guilty of an offence relating to the director's duties as a director; (f) the Minister considers that the person is no longer suitable to hold office as a member. 10 60 Validity of acts or decisions (1) An act or decision of the board is not invalid merely because of-- (a) a defect or irregularity in, or in connection with, the appointment of a director; or 15 (b) a vacancy in the membership of the Authority. (2) Anything done by or in relation to a person purporting to act as a director of the Authority is not invalid merely because-- 20 (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in, or in connection with, the appointment; or (c) the appointment had ceased to have effect; or 25 (d) the occasion for the person to act had not arisen or had ceased. 61 Proceedings of the board (1) Meetings of the board are to be held at times and places determined by the board. 30 (2) A majority of the directors of the board currently holding office constitutes a quorum of the board. 591059B.I-26/11/2019 45 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 5--Great Ocean Road Coast and Parks Authority (3) The board must ensure that minutes are kept of each of its meetings. (4) A question arising at a meeting must be determined by a majority of votes of directors 5 present and voting on that question and, if the vote is equal, the person presiding has a casting vote as well as a deliberative vote. (5) The board may allow directors to participate in a meeting by electronic means or any other means 10 of communication. (6) Subject to this section, the board may regulate its own proceedings. Division 3--Reporting obligations of the board of the Authority 15 62 Board to prepare annual corporate plan and 5-year business strategy The board of the Authority must prepare the following documents for the approval of the Minister-- 20 (a) an annual corporate plan setting out the Authority's work program and actions for the next financial year; (b) a 5-year business strategy including the Authority's role, priorities and outcomes. 591059B.I-26/11/2019 46 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 6--Reporting on the Great Ocean Road strategic framework plan Part 6--Reporting on the Great Ocean Road strategic framework plan 63 Responsible entities to report on implementation of the Great Ocean Road strategic framework plan 5 (1) A responsible entity (other than the Authority) must prepare an annual report on the implementation of the approved Great Ocean Road strategic framework plan by the entity during the previous year. 10 (2) A responsible entity must provide an annual report to the Authority-- (a) every 12 months after the day on which the initial Great Ocean Road strategic framework plan comes into operation; or 15 (b) at other intervals that the Minister specifies in writing to the entity. (3) If the Minister specifies other intervals under subsection (2)(b), the Minister must publish notice of that specification in the Government Gazette. 20 64 Authority to report on responsible entities' implementation of the Great Ocean Road strategic framework plan (1) The Authority must prepare an annual report on the implementation of the approved Great Ocean 25 Road strategic framework plan by responsible entities during the previous year, including implementation of the plan by the Authority. (2) The Authority must provide an annual report to the Minister no later than the following 30 31 October after each responsible entity provides an annual report under section 63. 591059B.I-26/11/2019 47 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 6--Reporting on the Great Ocean Road strategic framework plan (3) The Minister must cause a copy of an annual report under this section to be laid before each House of the Parliament within 7 sitting days of that House after receiving the report. 5 65 Authority to prepare additional 5-yearly report on responsible entities (1) The Authority, every 5 years after the initial Great Ocean Road strategic framework plan comes into operation, must prepare a report on the 10 implementation of the Great Ocean Road strategic framework plan by each responsible entity during the previous 5 years, including implementation of the plan by the Authority. (2) The Authority's 5-yearly report must be based on 15 an assessment of all the environmental, cultural, social and economic outcomes. (3) The Authority must provide a 5-yearly report to the Minister no later than the following 31 October after each responsible entity provides 20 an annual report under section 63. (4) The Minister must cause a copy of the 5-yearly report to be laid before each House of the Parliament within 7 sitting days of that House after receiving the report. 591059B.I-26/11/2019 48 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 7--General Part 7--General 66 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing 5 authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect. (2) The regulations-- (a) may be of general or limited application; and 10 (b) may differ according to differences in time, place or circumstance; and (c) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and 15 (d) may require a matter affected by the regulations to be approved by or to the satisfaction of a specified person or a specified class of person; and (e) may provide in a specified case or class of 20 cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to such an extent as is 25 specified. 591059B.I-26/11/2019 49 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 8--Savings and transitional provisions Part 8--Savings and transitional provisions 67 Definitions In this Part-- commencement day means the day on which 5 Part 5 of the Great Ocean Road and Environs Protection Act 2019 comes into operation; initial Great Ocean Road land means an area of land declared under section 68; 10 old body means the Great Ocean Road Coast Committee Inc. or the Otway Coastal Committee Inc.; transferred employee means an employee of an old body who is taken to be an employee of 15 the Authority by section 69(1). 68 Authority is committee of management (1) On the commencement day, the Authority is taken to be the committee of management appointed under the Crown Land (Reserves) Act 1978 in 20 respect of land referred to in subsection (2). (2) The Minister may by Order published in the Government Gazette declare an area of land reserved under the Crown Land (Reserves) Act 1978 to be initial Great Ocean Road land. 25 (3) The Minister may only make a declaration under subsection (2) if the Minister is satisfied that an old body is the committee of management appointed under the Crown Land (Reserves) Act 1978 in respect of the land immediately 30 before the making of the declaration. (4) A declaration under this section must identify the land to which it applies by reference to a numbered plan lodged in the Central Plan Office. 591059B.I-26/11/2019 50 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 8--Savings and transitional provisions (5) On the appointment of the Authority as committee of management of initial Great Ocean Road land the old bodies cease to be the committees of management in respect of that land. 5 69 Transfer of staff to the Authority (1) On the commencement day, a person who was employed by an old body immediately before the commencement day is taken to be employed by the Authority. 10 (2) A transferred employee is taken to-- (a) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old body immediately 15 before the commencement day; and (b) have accrued an entitlement to benefits in connection with the employment with the Authority that is equivalent to the entitlement that the transferred employee had 20 accrued, as an employee of the old body, immediately before the commencement day. (3) The service of a transferred employee with the Authority is taken to be continuous with that service of the transferred employee as an 25 employee of the old body that ceased immediately before the commencement day. (4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of 30 the old body because of the operation of this Part. (5) The chief executive officer of the Authority may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the Authority with 35 effect on and from the commencement day. 591059B.I-26/11/2019 51 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 8--Savings and transitional provisions (6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is proof of the matters stated in it. 5 (7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee. (8) If a transferred employee was, immediately before 10 the commencement day, an officer within the meaning of the State Superannuation Act 1988, the transferred employee continues to be such an officer. (9) Nothing in this section prevents-- 15 (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect on or after the commencement day; or 20 (b) a transferred employee from resigning or being dismissed on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the 25 Authority. 70 Transfer of assets and liabilities to the Authority On the commencement day-- (a) all assets held by an old body immediately before the commencement day vest in the 30 Authority; and (b) all liabilities of an old body immediately before the commencement day become liabilities of the Authority. 591059B.I-26/11/2019 52 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 8--Savings and transitional provisions 71 Transfer of leases, licences and permits to the Authority (1) Any lease granted by an old body and in force immediately before the commencement day is 5 taken to be a lease granted by the Authority as a committee of management under the Crown Land (Reserves) Act 1978. (2) Any licence or permit granted by an old body and in force immediately before the commencement 10 day is taken to be a lease or permit granted by the Authority as a committee of management under the Crown Land (Reserves) Act 1978. (3) Nothing effected by this section-- (a) is to be regarded as placing any person in a 15 breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of a lease, licence or permit referred to in this section; or (b) is to be regarded as fulfilling any condition 20 which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or (c) releases any surety or other obligor wholly or in part from any obligation. 591059B.I-26/11/2019 53 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 9--Amendment of Commissioner for Environmental Sustainability Act 2003 Part 9--Amendment of Commissioner for Environmental Sustainability Act 2003 72 Functions of the Commissioner After section 8(ab) of the Commissioner for 5 Environmental Sustainability Act 2003 insert-- "(ac) prepare a report on-- (i) the environmental condition of the Great Ocean Road coast and parks; and (ii) how the environmental condition of the 10 Great Ocean Road coast and parks has changed since the last report on the Great Ocean Road coast and parks;". 73 New section 17C inserted After section 17B of the Commissioner for 15 Environmental Sustainability Act 2003 insert-- "17C Reports on the environmental condition of the Great Ocean Road coast and parks (1) The Commissioner must prepare and submit to the Minister a periodical report on the 20 environmental condition of the Great Ocean Road coast and parks. (2) A report under subsection (1) may be prepared-- (a) as part of a Report on the State of the 25 Environment of Victoria; or (b) as a separate report. (3) If the report is prepared as a separate report, it must be prepared at intervals not exceeding-- 30 (a) 5 years; or 591059B.I-26/11/2019 54 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 9--Amendment of Commissioner for Environmental Sustainability Act 2003 (b) if the framework for environmental reporting approved under section 17(2) specifies a shorter period, the shorter period. 5 (4) The Minister must cause a copy of a report prepared under subsection (1) as a separate report to be laid before each House of the Parliament within 10 sitting days of that House after the report has been given to the 10 Minister. (5) If a report prepared under subsection (1) as a separate report includes recommendations made by the Commissioner, the Minister must, not later than the first sitting day after 15 the period of 12 months since the sitting day on which the report was laid before each House of the Parliament, cause a statement of the response of the Government to be laid before each House specifying the action 20 (if any) proposed to be taken by the Government with respect to the recommendations. (6) The Great Ocean Road Coast and Parks Authority and the Department of 25 Environment, Land, Water and Planning must give the Commissioner whatever assistance the Commissioner reasonably requires in preparing a report under this section.". 591059B.I-26/11/2019 55 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 Part 10--Amendment of Planning and Environment Act 1987 74 Definitions In section 3(1) of the Planning and Environment 5 Act 1987 insert the following definitions-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 10 Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the 15 Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 20 Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area planning scheme means a planning scheme 25 applying to land that is wholly or partially within the Great Ocean Road scenic landscapes area; Great Ocean Road settlement boundary has the same meaning as in the Great Ocean Road 30 and Environs Protection Act 2019; Great Ocean Road settlement boundary amendment means an amendment under this Act that alters a Great Ocean Road settlement boundary in a planning scheme; 591059B.I-26/11/2019 56 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; responsible entity has the same meaning as in the 5 Great Ocean Road and Environs Protection Act 2019;". 75 New section 4AC inserted After section 4AB of the Planning and Environment Act 1987 insert-- 10 "4AC Obligations of Department Head in relation to the Great Ocean Road region (1) The Department Head of the Department, when performing a function or duty or exercising a power under this Act-- 15 (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Department Head in relation to the 20 Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean 25 Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Department Head in 30 relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Department Head of the 35 Department in relation to a declared project 591059B.I-26/11/2019 57 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 within the meaning of the Major Transport Projects Facilitation Act 2009.". 76 New Part 3AAC inserted After Part 3AAB of the Planning and 5 Environment Act 1987 insert-- "Part 3AAC--Amendments in the Great Ocean Road region Division 1--Compliance with Great Ocean Road strategic framework plan 10 46AZN Responsible entities to comply with Great Ocean Road strategic framework plan (1) A responsible entity which is a planning authority must not prepare an amendment to a Great Ocean Road scenic landscapes area 15 planning scheme that is inconsistent with anything in a Great Ocean Road strategic framework plan expressed to be binding on the responsible entity. (2) A responsible entity which is a planning 20 authority must have regard to an approved Great Ocean Road strategic framework plan when preparing an amendment to a planning scheme applying to land that is wholly or partially within the Great Ocean Road 25 region. (3) A responsible entity which is a planning authority must have regard to the Great Ocean Road coast and parks protection principles when preparing an amendment to 30 a planning scheme applying to land that is wholly or partially within the Great Ocean Road coast and parks. 591059B.I-26/11/2019 58 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 Division 2--Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme 46AZO To which amendments does this Division 5 apply? (1) This Division applies to an amendment to a Great Ocean Road scenic landscapes area planning scheme that has been approved by the Minister under section 35 and-- 10 (a) is inconsistent with the approved Great Ocean Road strategic framework plan; or (b) includes a Great Ocean Road settlement boundary amendment; or 15 (c) has the effect of altering or removing any controls over the subdivision of land outside a Great Ocean Road settlement boundary to allow the land to be subdivided into more lots or 20 smaller lots than provided for in the Great Ocean Road scenic landscapes area planning scheme. (2) This Division does not apply to an amendment to a Great Ocean Road scenic 25 landscapes area planning scheme if the amendment was approved by the Minister before the commencement of this section. 46AZP Ratification by Parliament required for amendments to which this Division applies 30 (1) Sections 36, 37 and 38 do not apply to an amendment to which this Division applies. (2) An amendment to which this Division applies does not take effect unless ratified by Parliament in accordance with this Part. 591059B.I-26/11/2019 59 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 46AZQ Procedure for ratification of amendment (1) The Minister must cause an amendment to which this Division applies to be laid before each House of Parliament within 7 sitting 5 days of that House after it is approved. (2) If a permit has been granted under section 96I in respect of an amendment to which this Division applies, the Minister must cause a notice specifying that the 10 permit has been granted to be laid before each House of Parliament at the same time that the amendment to which this Division applies is laid before that House. (3) An amendment to which this Division 15 applies does not take effect unless it is ratified by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House. (4) The Minister must publish a notice of the 20 ratification of an amendment to which this Division applies in the Government Gazette specifying where a person may inspect the amendment. (5) An amendment to which this Division 25 applies that has been ratified comes into operation-- (a) when the notice of ratification of the amendment is published in the Government Gazette; or 30 (b) on any later day specified in the notice. 46AZR When does an amendment lapse? (1) An amendment to which this Division applies that has not been ratified lapses on the day immediately after the last day on 35 which it could have been ratified. 591059B.I-26/11/2019 60 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 10--Amendment of Planning and Environment Act 1987 (2) When an amendment to which this Division applies has lapsed, the Minister must publish a notice in the Government Gazette setting out the date on which the amendment lapsed. 5 (3) The publication of the notice of lapsing is conclusive proof of the date that the amendment lapsed. 46AZS Application of Act provisions to amendment 10 Sections 4G, 4H, 4I, 40, 41 and 42 (as the case requires) do not apply to an amendment to which this Division applies unless and until the amendment is ratified. 46AZT Application of Division 5 of Part 4 to 15 amendment If a permit has been granted under Division 5 of Part 4 and the planning scheme amendment to which the permit applies is an amendment to which this Division applies-- 20 (a) if the amendment lapses, the permit is taken to be cancelled on that lapsing; and (b) if the amendment is ratified, the notice of ratification must also specify where a 25 person may inspect the permit.". 591059B.I-26/11/2019 61 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Part 11--Consequential amendments to other Acts Division 1--Catchment and Land Protection Act 1994 5 77 Definitions In section 3(1) of the Catchment and Land Protection Act 1994 insert the following definitions-- "approved Great Ocean Road strategic 10 framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and 15 Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 20 Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean 25 Road and Environs Protection Act 2019;". 591059B.I-26/11/2019 62 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 78 New section 12AB inserted After section 12A of the Catchment and Land Protection Act 1994 insert-- "12AB Obligations of the Corangamite 5 Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region (1) The Corangamite Catchment Management 10 Authority or the Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any 15 part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins 20 Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean 25 Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic 30 framework plan not expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in 35 relation to the Great Ocean Road region. 591059B.I-26/11/2019 63 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or the Glenelg 5 Hopkins Catchment Management Authority (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". Division 2--Conservation, Forests and Lands 10 Act 1987 79 Definitions In section 3(1) of the Conservation, Forests and Lands Act 1987 insert the following definition-- "Great Ocean Road Coast and Parks Authority 15 means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2019;". 80 Definitions In section 82A of the Conservation, Forests and 20 Lands Act 1987 insert the following definition-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 25 81 Joint preparation of management plans After section 82PA(5) of the Conservation, Forests and Lands Act 1987 insert-- "(6) The Traditional Owner Land Management Board and the Secretary must have regard to 30 an approved Great Ocean Road strategic framework plan when preparing a management plan in relation to any appointed land to which an approved Great 591059B.I-26/11/2019 64 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Ocean Road strategic framework plan applies.". 82 Appointment of persons to perform certain functions of authorised officers 5 After section 84(1)(ab) of the Conservation, Forests and Lands Act 1987 insert-- "(ac) a specified employee or a specified class of employee of the Great Ocean Road Coast and Parks Authority; or". 10 83 Schedule 1 amended In Schedule 1 to the Conservation, Forests and Lands Act 1987, after "Forests Act 1958." insert "Great Ocean Road and Environs Protection Act 2019.". 15 Division 3--Crown Land (Reserves) Act 1978 84 Definitions In section 3 of the Crown Land (Reserves) Act 1978 insert the following definitions-- "approved Great Ocean Road strategic 20 framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and 25 Environs Protection Act 2019; Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2019; 30 Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 591059B.I-26/11/2019 65 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has 5 the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 85 Appointment of committees of management After section 14(4)(cb) of the Crown Land (Reserves) Act 1978 insert-- 10 "(d) the Great Ocean Road Coast and Parks Authority, and the Minister administering the Great Ocean Road and Environs Protection Act 2019 must first approve the appointment if the Minister administering the 15 Great Ocean Road and Environs Protection Act 2019 is different from the Minister administering this section;". 86 New section 15B inserted After section 15A of the Crown Land (Reserves) 20 Act 1978 insert-- "15B Delegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management A committee of management appointed 25 under section 14 that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of 30 the committee of management under this Act, other than this power of delegation-- (a) a member of the Great Ocean Road Coast and Parks Authority; 591059B.I-26/11/2019 66 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (b) the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority; 5 (c) a person or a class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.". 87 New section 18E inserted 10 After section 18D of the Crown Land (Reserves) Act 1978 insert-- "18E Obligations of land manager in relation to the Great Ocean Road region (1) The land manager, when performing a 15 function or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is 20 expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection 25 principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be 30 binding on the land manager in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a 35 declared project within the meaning of the 591059B.I-26/11/2019 67 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Major Transport Projects Facilitation Act 2009.". Division 4--Filming Approval Act 2014 88 Definitions 5 In section 3 of the Filming Approval Act 2014, in the definition of filming approval legislation, after paragraph (d) insert-- "(daa) the Great Ocean Road and Environs Protection Act 2019; and". 10 Division 5--Forests Act 1958 89 Definitions In section 3(1) of the Forests Act 1958 insert the following definitions-- "approved Great Ocean Road strategic 15 framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and 20 Environs Protection Act 2019; Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2019; 25 Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning 30 as in the Great Ocean Road and Environs Protection Act 2019; 591059B.I-26/11/2019 68 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 90 New section 18D inserted 5 After section 18C of the Forests Act 1958 insert-- "18D Obligations of Secretary and Parks Victoria in relation to the Great Ocean Road region 10 (1) The land manager, when performing a function or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road 15 strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean 20 Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic 25 framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of 30 a power by the land manager in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 69 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 91 Power to declare land in reserved forests to be a forest park etc. After section 50(4A) of the Forests Act 1958 insert-- 5 "(4B) A committee of management appointed under subsection (3) that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any 10 function, power or duty of the committee of management under this Act, other than this power of delegation-- (a) a member of the Great Ocean Road Coast and Parks Authority; 15 (b) the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority; (c) a person or a class of person employed 20 under Part 3 of the Public Administration Act 2004 in the administration of this Act.". Division 6--Heritage Rivers Act 1992 92 Contents of management plans 25 (1) After section 9(2A) of the Heritage Rivers Act 1992 insert-- "(2B) If the Minister requests a managing authority or a Catchment Management Authority to prepare a management plan in relation to 30 land that forms part of the Great Ocean Road region, the managing authority or Catchment Management Authority (as the case requires) must have regard to an approved Great 591059B.I-26/11/2019 70 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Ocean Road strategic framework plan as it applies to that land.". (2) In section 9(3) of the Heritage Rivers Act 1992 insert the following definitions-- 5 "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning 10 as in the Great Ocean Road and Environs Protection Act 2019;". Division 7--Local Government Act 1989 93 Definitions In section 3(1) of the Local Government 15 Act 1989 insert the following definitions-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 20 Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the 25 Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 30 Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 591059B.I-26/11/2019 71 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 94 New section 3I inserted After section 3H of the Local Government Act 1989 insert-- "3I Obligations of Councils in relation to the 5 Great Ocean Road region (1) A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2019, when performing a function or duty or exercising a 10 power under this Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council 15 in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean 20 Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the 25 Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the 30 Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 72 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Division 8--Marine and Coastal Act 2018 95 Definitions In section 3 of the Marine and Coastal Act 2018 insert the following definitions-- 5 "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning 10 as in the Great Ocean Road and Environs Protection Act 2019;". 96 Preparation of products under regional and strategic partnerships After section 46(3) of the Marine and Coastal 15 Act 2018 insert-- "(4) In preparing a product under a regional and strategic partnership in relation to land that forms part of the Great Ocean Road region, the parties to the partnership must have 20 regard to an approved Great Ocean Road strategic framework plan as it applies to that land.". 97 Preparation of environmental management plans After section 51(3) of the Marine and Coastal 25 Act 2018 insert-- "(4) In preparing an environmental management plan in relation to land that forms part of the Great Ocean Road region, the Minister must have regard to an approved Great Ocean 30 Road strategic framework plan as it applies to that land.". 591059B.I-26/11/2019 73 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 98 Preparation of coastal and marine management plans After section 59(3) of the Marine and Coastal Act 2018 insert-- 5 "(4) In preparing a coastal and marine management plan in relation to land that forms part of the Great Ocean Road region, the Crown land manager must have regard to an approved Great Ocean Road strategic 10 framework plan as it applies to that land.". Division 9--National Parks Act 1975 99 Definitions In section 3(1) of the National Parks Act 1975 insert the following definitions-- 15 "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same 20 meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs 25 Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has 30 the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 591059B.I-26/11/2019 74 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 100 New section 20C inserted After section 20B of the National Parks Act 1975 insert-- "20C Obligations of Secretary and Parks 5 Victoria in relation to the Great Ocean Road region (1) The Secretary or Parks Victoria, when performing a function or duty or exercising a power under this Act-- 10 (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Secretary or Parks Victoria (as the case 15 requires) in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean 20 Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Secretary or Parks 25 Victoria (as the case requires) in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of 30 a power by the Secretary or Parks Victoria (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 75 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 101 New section 27BC inserted After section 27BB of the National Parks Act 1975 insert-- "27BC Parks Victoria must have regard to an 5 approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park Parks Victoria must have regard to an approved Great Ocean Road strategic 10 framework plan if preparing a management plan in relation to a park that forms part of the Great Ocean Road region.". Division 10--Parks Victoria Act 2018 102 Definitions 15 In section 3 of the Parks Victoria Act 2018 insert the following definitions-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs 20 Protection Act 2019; Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection 25 principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs 30 Protection Act 2019; 591059B.I-26/11/2019 76 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 103 New section 10A inserted 5 After section 10 of the Parks Victoria Act 2018 insert-- "10A Obligations of Parks Victoria in relation to the Great Ocean Road region (1) Parks Victoria, when performing a function 10 or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is 15 expressed to be binding on Parks Victoria in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection 20 principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be 25 binding on Parks Victoria in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Parks Victoria in relation to a 30 declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 77 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 104 Land management plans After section 46(4) of the Parks Victoria Act 2018 insert-- "(4A) In making a plan under subsection (1) in 5 relation to land that forms part of the Great Ocean Road region, Parks Victoria must have regard to an approved Great Ocean Road strategic framework plan as it applies to that land.". 10 Division 11--Traditional Owner Settlement Act 2010 105 Definition of land use activity (1) In section 28(w) of the Traditional Owner Settlement Act 2010, for "1987." substitute 15 "1987;". (2) After section 28(w) of the Traditional Owner Settlement Act 2010 insert-- "(x) the preparation of a Great Ocean Road strategic framework plan under Part 4 of the 20 Great Ocean Road and Environs Protection Act 2019.". 106 Definition of decision maker (1) In section 29(s) of the Traditional Owner Settlement Act 2010, for "Statement." substitute 25 "Statement;". (2) After section 29(s) of the Traditional Owner Settlement Act 2010 insert-- "(t) in relation to the preparation of a Great Ocean Road strategic framework plan under 30 Part 4 of the Great Ocean Road and Environs Protection Act 2019, the Minister responsible for the preparation of the plan.". 591059B.I-26/11/2019 78 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Division 12--Transport Integration Act 2010 107 Definitions In section 3 of the Transport Integration Act 2010-- 5 (a) insert the following definitions-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 10 Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road Coast and Parks 15 Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks 20 protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road 25 and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2019;"; 591059B.I-26/11/2019 79 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (b) in the definition of interface body, after paragraph (i) insert-- "(ia) in respect of the Great Ocean Road and Environs Protection Act 2019, 5 the Great Ocean Road Coast and Parks Authority;"; (c) in the definition of interface legislation, after paragraph (d) insert-- "(da) Great Ocean Road and Environs 10 Protection Act 2019;". 108 New section 64IA inserted After section 64I of the Transport Integration Act 2010 insert-- "64IA Obligations of Head, Transport for 15 Victoria in relation to the Great Ocean Road region (1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act-- 20 (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Head, Transport for Victoria in relation to the 25 Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean 30 Road coast and parks; and 591059B.I-26/11/2019 80 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Head, Transport for 5 Victoria in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria 10 in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 109 New section 127B inserted After section 127A of the Transport Integration 15 Act 2010 insert-- "127B Obligations of Victorian Rail Track in relation to the Great Ocean Road region (1) Victorian Rail Track, when performing a function or duty or exercising a power under 20 this Act or any other Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on Victorian 25 Rail Track in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection 30 principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be 35 binding on Victorian Rail Track in 591059B.I-26/11/2019 81 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the performance of a function or the exercise of 5 a power by Victorian Rail Track in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". Division 13--Victorian Planning Authority 10 Act 2017 110 Definitions In section 3(1) of the Victorian Planning Authority Act 2017 insert the following definitions-- 15 "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same 20 meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs 25 Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has 30 the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 591059B.I-26/11/2019 82 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 111 New section 10C inserted After section 10B of the Victorian Planning Authority Act 2017 insert-- "10C Obligations of Authority in relation to the 5 Great Ocean Road region (1) The Authority, when performing a function or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any 10 part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Authority in relation to the Great Ocean Road scenic landscapes area; and 15 (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an 20 approved Great Ocean Road strategic framework plan not expressed to be binding on the Authority in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the 25 performance of a function or the exercise of a power by the Authority in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 83 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Division 14--Water Act 1989 112 Definitions In section 3(1) of the Water Act 1989 insert the following definitions-- 5 "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks has the same 10 meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs 15 Protection Act 2019; Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has 20 the same meaning as in the Great Ocean Road and Environs Protection Act 2019;". 113 New section 124C inserted After section 124B of the Water Act 1989 insert-- 25 "124C Obligations of Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region 30 (1) The Corangamite Catchment Management Authority or Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act-- 591059B.I-26/11/2019 84 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the 5 Corangamite Catchment Management Authority or Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes 10 area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and 15 (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Corangamite Catchment Management Authority or Glenelg 20 Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road region. (2) Subsection (1) does not apply to the 25 performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to a declared 30 project within the meaning of the Major Transport Projects Facilitation Act 2009.". 591059B.I-26/11/2019 85 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts 114 New section 171K inserted After section 171J of the Water Act 1989 insert-- "171K Obligations of certain water corporations 5 in relation to the Great Ocean Road region (1) The Barwon Region Water Corporation, Gippsland and Southern Rural Water Corporation or Wannon Region Water 10 Corporation, when performing a function or duty or exercising a power under this Act or any other Act-- (a) must not act inconsistently with any part of an approved Great Ocean Road 15 strategic framework plan that is expressed to be binding on the Barwon Region Water Corporation, Gippsland and Southern Rural Water Corporation or Wannon Region Water Corporation 20 (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection 25 principles in relation to the Great Ocean Road coast and parks; and (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be 30 binding on the Barwon Region Water Corporation, Gippsland and Southern Rural Water Corporation or Wannon Region Water Corporation (as the case requires) in relation to the Great Ocean 35 Road region. 591059B.I-26/11/2019 86 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Barwon Region Water Corporation, Gippsland and Southern Rural 5 Water Corporation or Wannon Region Water Corporation (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.". 10 115 Preparation of regional waterway strategies After section 190(3B) of the Water Act 1989 insert-- "(3C) In preparing a regional waterway strategy in relation to land that forms part of the Great 15 Ocean Road region, the Barwon Region Water Corporation, Gippsland and Southern Rural Water Corporation or Wannon Region Water Corporation (as the case requires) must have regard to an approved Great 20 Ocean Road strategic framework plan as it applies to that land.". Division 15--Wildlife Act 1975 116 Definitions In section 3(1) of the Wildlife Act 1975 insert the 25 following definitions-- "approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 30 Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 591059B.I-26/11/2019 87 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; 5 Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2019; Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean 10 Road and Environs Protection Act 2019;". 117 New section 14C inserted After section 14B of the Wildlife Act 1975 insert-- "14C Obligations of Secretary and Parks 15 Victoria in relation to the Great Ocean Road region (1) The land manager, when performing a function or duty or exercising a power under this Act or any other Act-- 20 (a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean 25 Road scenic landscapes area; and (b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and 30 (c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region. 591059B.I-26/11/2019 88 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Part 11--Consequential amendments to other Acts (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the 5 Major Transport Projects Facilitation Act 2009.". Division 16--Repeal of amending Parts 118 Repeal of amending Parts Parts 9, 10 and this Part are repealed on 10 1 December 2021. Note The repeal of Parts 9, 10 and this Part of this Act does not affect the continuing operation of the amendments made by those Parts (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 591059B.I-26/11/2019 89 BILL LA INTRODUCTION 26/11/2019

Great Ocean Road and Environs Protection Bill 2019 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. 1 The Maar text does not exactly match the English words because it is a different language culture. 2 The Wadawurrung text does not exactly match the English words because it is a different language culture. By Authority. Government Printer for the State of Victoria. 591059B.I-26/11/2019 90 BILL LA INTRODUCTION 26/11/2019

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