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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage Rivers (Further Protection) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Management plans 3
5. New sections 8A, 8B and 8C inserted 4
8A. Disallowance of management plan or part of a
management plan 4
8B. Effect of disallowance of management plan or part
of a management plan 6
8C. Notice of disallowance of management plan or part
of a management plan 6
6. Substitution of section 9 6
9. Contents of management plans 6
7. Land and water uses which are not permitted in heritage rivers 7
8. Land Conservation Council recommendations 7
9. Regulations 7
10. Transitional provision 7
11. Amendment of Schedule 3 7
12. Amendment of Schedule 4 8
13. Amendment of Schedule 5 8
ENDNOTES 9
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551477B.I1-19/7/2006 BILL LA INTRODUCTION 19/7/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Heritage Rivers Act 1992 to prohibit the construction in
heritage river areas of new impoundments, barriers and structures that
impede the passage of water fauna, to amend the provisions relating to
management plans for heritage river areas and natural catchment areas
in that Act and for other purposes.
Heritage Rivers (Further Protection)
Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Heritage Rivers Act 1992--
(a) to prohibit the construction in heritage river
areas of new impoundments, barriers and
5
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551477B.I1-19/7/2006 BILL LA INTRODUCTION 19/7/2006
Heritage Rivers (Further Protection) Act 2006
s. 2
Act No.
structures that impede the passage of water
fauna; and
(b) to amend the provisions relating to
management plans for heritage river areas
and natural catchment areas; and
5
(c) to make other amendments to that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
10
See: (1) In section 3(1) of the Heritage Rivers Act
Act No.
1992--
36/1992.
Reprint No. 1
(a) insert the following definitions--
as at
8 April 1999
' "Catchment Management Authority"
and
amending
means an Authority within the meaning
15 Act No.
of the Catchment and Land
60/2005.
LawToday:
Protection Act 1994;
www.dms.
dpc.vic.
"impoundment" means an impoundment,
gov.au
barrier or structure that impedes the
passage of water fauna;';
20
(b) in the definition of "Central Plan Office", for
"Department of Natural Resources and
Environment" substitute "Department of
Sustainability and Environment";
(c) in paragraph (c) of the definition of "public
25
land", for "Melbourne and Metropolitan
Board of Works" substitute "Melbourne
Water Corporation constituted under the
Melbourne Water Corporation Act 1992".
(2) Section 3(2) of the Heritage Rivers Act 1992 is
30
repealed.
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Heritage Rivers (Further Protection) Act 2006
s. 4
Act No.
4. Management plans
(1) For section 8(1) of the Heritage Rivers Act 1992
substitute--
"(1) If requested by the Minister, a managing
authority of all or part of a heritage river area
5
or natural catchment area or the Catchment
Management Authority for the area, must
prepare a management plan in relation to the
area, or any part of the area, within the time
specified by the Minister that includes the
10
matters specified by the Minister.
(1A) The Minister may request the preparation of
a management plan under sub-section (1)--
(a) after consulting the Minister
responsible for administering the Act
15
under which the land is controlled or
managed or the Catchment
Management Authority is established;
and
(b) if he or she considers that there is not
20
an existing plan or strategy that
adequately addresses the management
of the area.".
(2) Section 8(2) of the Heritage Rivers Act 1992 is
repealed.
25
(3) In section 8(4) of the Heritage Rivers Act 1992,
after "managing authority" insert "or Catchment
Management Authority".
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Act No.
(4) In section 8(5) of the Heritage Rivers Act
1992--
(a) omit "or adopted";
(b) after "Minister" insert ", after consulting the
Minister responsible for administering the
5
Act under which the land is controlled or
managed or the Catchment Management
Authority is established".
(5) In section 8(6) of the Heritage Rivers Act
1992--
10
(a) after "managing authority" insert
"or Catchment Management Authority";
(b) after "Minister" insert ", after consulting the
Minister responsible for administering the
Act under which the land is controlled or
15
managed or the Catchment Management
Authority is established".
(6) Section 8(7) of the Heritage Rivers Act 1992 is
repealed.
(7) In section 8(8) of the Heritage Rivers Act 1992,
20
after "managing authority" insert "or Catchment
Management Authority".
(8) Section 8(9) of the Heritage Rivers Act 1992 is
repealed.
5. New sections 8A, 8B and 8C inserted
25
After section 8 of the Heritage Rivers Act 1992
insert--
"8A. Disallowance of management plan or part
of a management plan
(1) The power to make, amend or revoke a
30
management plan is subject to disallowance
by a House of the Parliament.
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Act No.
(2) On or before the 7th sitting day after notice
of the making, amendment or revocation of a
management plan has been published in the
Government Gazette under section 8(8), a
copy of the following document must be laid
5
before each House of the Parliament--
(a) in the case of notice of the making or
amendment of a management plan, the
plan as made or amended; or
(b) in the case of notice of the revocation
10
of a management plan, the notice of
revocation of the plan.
(3) The making, amendment or revocation of a
management plan is disallowed in whole or
in part if--
15
(a) a notice of a resolution to disallow the
making, amendment or revocation of
the management plan is given in a
House of the Parliament on or before
the 18th sitting day of that House after
20
the management plan or notice of the
revocation, as the case requires, is laid
before that House; and
(b) the resolution is passed by that House
on or before the 12th sitting day of that
25
House after the giving of the notice of
the resolution.
(4) If a House of the Parliament is prorogued or
the Legislative Assembly is dissolved, the
calculation of sitting days of the House is to
30
be made as if there had been no prorogation
or dissolution.
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Act No.
8B. Effect of disallowance of management
plan or part of a management plan
If the making, amendment or revocation of a
management plan, or part of a management
plan, is disallowed by a House of the
5
Parliament, the disallowance has the same
effect as a revocation of the making,
amendment or revocation of the management
plan or part.
8C. Notice of disallowance of management
10
plan or part of a management plan
If the making, amendment or revocation of a
management plan, or part of a management
plan, is disallowed, the Clerk of the
Parliaments must cause notice of the
15
disallowance to be published in the
Government Gazette.".
6. Substitution of section 9
For section 9 of the Heritage Rivers Act 1992
substitute--
20
"9. Contents of management plans
A management plan prepared under section 8
in relation to a heritage river area or a natural
catchment area must--
(a) include the matters specified by the
25
Minister under section 8(1); and
(b) be consistent with this Act and any
Land Conservation Council
recommendations in respect of which
notice has been given under section
30
10(3) of the Land Conservation Act
1970.".
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Act No.
7. Land and water uses which are not permitted in
heritage rivers
For section 10(1) of the Heritage Rivers Act
1992 substitute--
"(1) An impoundment must not be constructed or
5
extended in a heritage river area.".
8. Land Conservation Council recommendations
In sections 15(1)(c) and 16(c) of the Heritage
Rivers Act 1992, for "a Land Conservation
Council recommendation referred to" substitute
10
"a Land Conservation Council recommendation,
or part of a recommendation, described".
9. Regulations
(1) In section 18(3) of the Heritage Rivers Act 1992,
for "section 6(2) of the Subordinate Legislation
15
Act 1962" substitute "section 23 of the
Subordinate Legislation Act 1994".
(2) In section 18(4) of the Heritage Rivers Act 1992,
for "Subordinate Legislation Act 1962"
substitute "Subordinate Legislation Act 1994".
20
10. Transitional provision
At the end of section 22 of the Heritage Rivers
Act 1992 insert--
"(2) Despite section 10(1), an impoundment that
was in existence immediately before the
25
commencement of section 6 of the Heritage
Rivers (Further Protection) Act 2006 may
be replaced or maintained.".
11. Amendment of Schedule 3
In Schedule 3 to the Heritage Rivers Act 1992,
30
omit Column 1 of the Table.
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s. 12
Act No.
12. Amendment of Schedule 4
In Schedule 4 to the Heritage Rivers Act 1992--
(a) for the heading to Column 1 of the Table
substitute "Heritage River Area"; and
(b) in Column 2 of the Table, in the items
5
relating to Yarra River Heritage Area and
Lerderderg River Heritage Area omit
"impoundments, artificial barriers, or
structures that impede the passage of
in-stream fauna, or".
10
13. Amendment of Schedule 5
In Schedule 5 to the Heritage Rivers Act 1992,
for the heading to Column 1 of the Table
substitute "Natural Catchment Area".
8
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Heritage Rivers (Further Protection) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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