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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Parks Victoria Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
PART 2--PARKS VICTORIA 3
4. Establishment of Parks Victoria 3
5. Parks Victoria not to represent Crown 3
6. Constitution and membership of Parks Victoria 3
7. Functions of Parks Victoria 3
8. Powers of Parks Victoria 4
9. Prevention and suppression of fire 4
10. Minister may give directions to Parks Victoria 5
11. Delegation of functions of Parks Victoria 5
12. Terms of appointment of members of Parks Victoria 5
13. Vacancies, resignation and removal from office 5
14. Validity of decisions of Parks Victoria 6
15. Proceedings of Parks Victoria 7
16. Resolutions without meetings 7
17. Disclosure of interests of Parks Victoria members 8
18. Chief executive officer 9
19. Staff 9
20. Corporate and business plans 9
21. Contents of statement of corporate intent of Parks Victoria 11
22. Parks Victoria to notify Minister of significant affecting
events etc. 12
PART 3-- TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS 13
23. Staff to be transferred 13
24. Transfer of staff 13
25. Superannuation 14
26. Amendment of Conservation, Forests and Lands Act 1987 15
27. Amendment of Water Industry Act 1994 16
i
532013B.I1-22/4/98
Clause Page
28. Rates 16
29. New Part 4A inserted 19
PART 4A--PARKS AND RESERVES TRUST ACCOUNT 19
153A. Parks and Reserves Trust Account 19
NOTES 22
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532013B.I1-22/4/98
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 1998
A BILL
to establish Parks Victoria, to amend the Water Industry Act 1994
and certain Acts and for other purposes.
Parks Victoria Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to establish Parks
Victoria.
5 2. Commencement
(1) This Part and section 23 come into operation on
the day on which this Act receives the Royal
Assent.
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532013B.I1-22/4/98
Parks Victoria Act 1998
s. 3
Act No.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
5 not come into operation before 1 July 1999, it
comes into operation on that day.
3. Definitions
"Department" means the Department of Natural
Resources and Environment;
10 "member" means the chairperson or a member of
Parks Victoria;
"MPW" means Melbourne Parks and Waterways
established under Part 4 of the Water
Industry Act 1994;
15 "Parks Victoria" means the body established
under Part 2.
_______________
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532013B.I1-22/4/98
Parks Victoria Act 1998
s. 4
7
Act No.
PART 2--PARKS VICTORIA
4. Establishment of Parks Victoria
(1) There is established a body to be called "Parks
Victoria".
5 (2) Parks Victoria--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
10 and
(d) may acquire, hold and dispose of personal
property; and
(e) may do and suffer all acts and things that a
body corporate may, by law, do and suffer.
15 (3) The common seal of Parks Victoria must be kept
as directed by Parks Victoria.
(4) All courts must take judicial notice of the imprint
of the common seal on a document and, until the
contrary is proved, must presume that the
20 document was properly sealed.
5. Parks Victoria not to represent Crown
Parks Victoria is a public authority but is not, and
does not represent, the Crown.
6. Constitution and membership of Parks Victoria
25 Parks Victoria consists of--
(a) a chairperson; and
(b) not more than 8 other persons--
appointed by the Governor in Council on the
recommendation of the Minister.
30 7. Functions of Parks Victoria
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Parks Victoria Act 1998
Act No.
(1) The functions of Parks Victoria are--
(a) to provide services to the State and its
agencies for, or with respect to, the
management of parks, reserves and other
5 land under the control of the State;
(b) with the approval of the Minister, to provide
services to the owner of any other land used
for public purposes for, or with respect to,
the management of that land;
10 (c) to carry out such other functions as are
conferred on it by or under any Act.
(2) In carrying out its functions, Parks Victoria must
not act in a way that is not environmentally sound.
8. Powers of Parks Victoria
15 For the purpose of carrying out its functions,
Parks Victoria--
(a) may enter into agreements and arrangements
for the provision of services;
(b) may act as a committee of management
20 under the Crown Land (Reserves) Act
1978;
(c) may do anything necessary or convenient to
be done for or in connection with, or as
incidental to, the performance of its
25 functions.
9. Prevention and suppression of fire
Parks Victoria and the Director-General or
Secretary to the Department may enter into
agreements or arrangements relating to the
30 prevention and suppression of fire.
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Parks Victoria Act 1998
s. 10
Act No.
10. Minister may give directions to Parks Victoria
(1) The Minister may give to Parks Victoria
directions in relation to the performance of the
functions or exercise of the powers of Parks
5 Victoria.
(2) Parks Victoria must comply with any direction
given under sub-section (1).
11. Delegation of functions of Parks Victoria
Parks Victoria may, by instrument in writing,
10 delegate any of its functions or powers, other than
its powers under section 8(a) or (b), to--
(a) a member of Parks Victoria; or
(b) any person appointed or employed by Parks
Victoria.
15 12. Terms of appointment of members of Parks Victoria
(1) A member of Parks Victoria holds office for the
period, not exceeding 3 years, specified in the
instrument of his or her appointment, but is
eligible for re-appointment.
20 (2) A member of Parks Victoria holds office, subject
to this Act, on the terms and conditions specified
in the instrument of appointment.
13. Vacancies, resignation and removal from office
(1) The office of a member becomes vacant if the
25 member--
(a) becomes an insolvent under administration;
or
(b) is convicted of an indictable offence or an
offence which, if committed in Victoria,
30 would be an indictable offence; or
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Parks Victoria Act 1998
s. 14
Act No.
(c) without the approval of Parks Victoria, fails
to attend 3 consecutive meetings of Parks
Victoria.
(2) A member of Parks Victoria may resign by
5 writing delivered to the Minister.
(3) The Governor in Council may at any time remove
a member of Parks Victoria from office.
(4) If a member--
(a) is convicted of an offence relating to his or
10 her duties as member; or
(b) fails without reasonable excuse to comply
with section 17--
the member must be removed from office by the
Governor in Council.
15 14. Validity of decisions of Parks Victoria
(1) An act or decision of Parks Victoria is not invalid
merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment of a member; or
20 (b) a vacancy in the membership of Parks
Victoria, including a vacancy arising from
the failure to appoint an original member.
(2) Anything done by or in relation to a person
purporting to act as chairperson or as a member is
25 not invalid merely because--
(a) the occasion for the appointment had not
arisen; or
(b) there was a defect or irregularity in relation
to the appointment; or
30 (c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
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Parks Victoria Act 1998
s. 15
Act No.
15. Proceedings of Parks Victoria
(1) Subject to sub-section (2), meetings of Parks
Victoria are to be held at such times and places as
Parks Victoria determines.
5 (2) The chairperson may at any time convene a
meeting, but must do so when requested by a
member.
(3) The chairperson or, in his or her absence, a
member appointed by the members present at the
10 meeting, must preside at the meeting.
(4) A majority of the members for the time being
constitutes a quorum of Parks Victoria.
(5) A question arising at a meeting must be
determined by a majority of votes of members
15 present and voting on that question and, if the
voting is equal, the person presiding has a casting
vote as well as a deliberative vote.
(6) Parks Victoria must ensure that minutes are kept
of each of its meetings.
20 (7) Subject to this section, Parks Victoria may
regulate its own proceedings.
16. Resolutions without meetings
(1) If the members of Parks Victoria for the time
being (other than a member who is absent from
25 Australia when the other members sign) sign a
document containing a statement that those
members are in favour of a resolution in terms set
out in the document, a resolution in those terms
shall be taken to have been passed at a meeting of
30 Parks Victoria held on the day on which the
document is signed or, if the members do not sign
it on the same day, on the day on which the last
member to sign signs the document.
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Parks Victoria Act 1998
s. 17
Act No.
(2) If a resolution is, under sub-section (1), taken to
have been passed at a meeting of Parks Victoria,
each member must be advised as soon as
practicable and given a copy of the terms of the
5 resolution.
(3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, shall be taken to constitute one
10 document.
17. Disclosure of interests of Parks Victoria members
(1) A member of Parks Victoria who has a direct or
indirect pecuniary interest in a contract or other
matter being dealt with by Parks Victoria must
15 disclose the nature of that interest at a meeting of
Parks Victoria as soon as possible after becoming
aware of the interest.
(2) A member of Parks Victoria who holds an office
or possesses property as a result of which, directly
20 or indirectly, duties or interests may be created in
conflict with the member's duties as a member,
must disclose that fact at a meeting of Parks
Victoria as soon as possible after becoming aware
of the potential conflict.
25 (3) The person presiding at a meeting at which a
disclosure under this section is made must cause
that disclosure to be recorded in the minutes of the
meeting.
(4) A person who has made a disclosure under this
30 section must not take any further part in the
discussion of or vote on the contract or other
matter to which the disclosure relates.
(5) If a member votes on a matter in contravention of
sub-section (4), his or her vote must be
35 disallowed.
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Parks Victoria Act 1998
s. 18
Act No.
18. Chief executive officer
(1) Parks Victoria may appoint a person, approved by
the Minister, as the chief executive officer of
Parks Victoria.
5 (2) The chief executive officer holds office, subject to
this Act, on a full-time basis and on the terms and
conditions that are determined by the Minister in
the instrument of his or her appointment.
(3) The chief executive officer is not eligible to be
10 appointed as a member of Parks Victoria.
19. Staff
(1) Parks Victoria may appoint or employ such
persons as are necessary for the performance of its
functions.
15 (2) The duties of employees of Parks Victoria include
such duties in connection with the prevention and
suppression of fire as are determined by the
Secretary to the Department in consultation with
Parks Victoria.
20 20. Corporate and business plans
(1) In each year Parks Victoria must prepare--
(a) a corporate plan for the next 3 years; and
(b) a business plan for the next year.
(2) Parks Victoria must give a copy of the proposed
25 plans to the Minister on or before 31 May in each
year, or such other time as the Minister may
specify.
(3) The proposed plans must be in or to the effect of a
form approved by the Minister.
30 (4) There must be included in the corporate plan or
the business plan--
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Parks Victoria Act 1998
s. 20
Act No.
(a) a statement of corporate intent in accordance
with section 21;
(b) a financial statement containing the
prescribed information;
5 (c) estimates of the receipts and expenditure of
Parks Victoria for the next financial year or
such other period as the Minister may
specify.
(5) Parks Victoria must consider any comments on a
10 proposed plan that are made to it by the Minister
within 2 months after the plan was submitted to
the Minister.
(6) Parks Victoria must--
(a) consult in good faith with the Minister
15 following communication to it of the
comments; and
(b) make such changes to the plans as are agreed
between the Minister and Parks Victoria; and
(c) deliver the completed plans to the Minister
20 within 2 months after the commencement of
the financial year.
(7) The plans, or any part of a plan, must not be
published or made available, except for the
purposes of this Part, without the prior approval of
25 Parks Victoria and the Minister.
(8) A plan may be modified at any time by Parks
Victoria with the agreement of the Minister.
(9) If Parks Victoria, by written notice to the
Minister, proposes a modification to a plan, Parks
30 Victoria may, within 14 days, make the
modification unless the Minister, by written notice
to Parks Victoria, directs Parks Victoria not to
make it.
10
532013B.I1-22/4/98
Parks Victoria Act 1998
s. 21
Act No.
(10) The Minister may from time to time, by written
notice to Parks Victoria, direct Parks Victoria to
include any specified matters in or omit any
specified matters from a statement of corporate
5 intent, a business plan or estimates.
(11) Before giving the direction under sub-section (9)
or (10), the Minister must consult with Parks
Victoria as to the matters referred to in the notice.
(12) Parks Victoria must comply with a direction under
10 this section.
(13) At any particular time, the statement of corporate
intent, the business plan, the financial statements
or the estimates for Parks Victoria are the
statements, plan and estimates last completed,
15 with any modifications or deletions made in
accordance with this Part.
21. Contents of statement of corporate intent of Parks
Victoria
A statement of corporate intent of Parks Victoria
20 must specify, in respect of the financial year to
which it relates and each of the following 2
financial years, the following information--
(a) the objectives of Parks Victoria;
(b) the main undertakings of Parks Victoria;
25 (c) the nature and scope of the activities to be
undertaken by Parks Victoria;
(d) the accounting policies to be applied in the
accounts;
(e) the performance targets and other measures
30 by which the performance of Parks Victoria
may be judged in relation to its stated
objectives;
(f) the kind of information to be provided to the
Minister by Parks Victoria during the course
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Parks Victoria Act 1998
s. 22
Act No.
of those financial years, including the
information to be included in each annual
report;
(g) any agreements entered into by Parks
5 Victoria with the Secretary to the
Department;
(h) any agreements or arrangements entered into
under section 7 for the provision of services;
(i) such other matters as may be agreed on by
10 the Minister and Parks Victoria from time to
time.
22. Parks Victoria to notify Minister of significant
affecting events etc.
If Parks Victoria is of the opinion that matters
15 have arisen that may prevent or significantly
affect the achievement of--
(a) the objectives of Parks Victoria under the
corporate plan or business plan; or
(b) financial targets under the corporate plan or
20 business plan--
Parks Victoria must immediately notify the
Minister of its opinion and the reasons for the
opinion.
_____________
25
12
532013B.I1-22/4/98
Parks Victoria Act 1998
s. 23
Act No.
PART 3-- TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS
23. Staff to be transferred
(1) The Secretary to the Department must list in
5 writing the officers and employees of the public
service who are employed in the Department who
are to become employees of Parks Victoria.
(2) The chief executive officer of MPW must list in
writing the employees of MPW who are to
10 become employees of Parks Victoria.
24. Transfer of staff
(1) A person listed under section 23 who was an
officer or employee of the public service or an
employee of MPW immediately before the
15 commencement of this section ("transferred
employee") is to be regarded as--
(a) having been employed by Parks Victoria
with effect from that commencement; and
(b) having been so employed on the same terms
20 and conditions as those that applied to the
person, immediately before that
commencement, as an officer or employee of
the public service or an employee of MPW;
and
25 (c) having accrued an entitlement to benefits in
connection with that employment by Parks
Victoria, that is equivalent to the entitlement
that the person had accrued, as an officer or
employee of the public service or an
30 employee of MPW, immediately before that
commencement.
(2) The service of a transferred employee as an
employee of Parks Victoria is to be regarded for
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Parks Victoria Act 1998
s. 25
Act No.
all purposes as having been continuous with the
service of the transferred employee, immediately
before the commencement of this section, as an
officer or employee of the public service or an
5 employee of MPW, as the case requires.
(3) A transferred employee is not entitled to receive
any payment or other benefit by reason only of
having ceased to be an officer or employee of the
public service or an employee of MPW because of
10 this Act.
(4) A certificate purporting to be signed by the
Secretary to the Department or the chief executive
officer of MPW certifying that a person named in
the certificate was, with effect from the
15 commencement of this section, employed, by
virtue of this section, by Parks Victoria is
admissible in evidence in any proceedings and is
conclusive proof of the matters stated in it.
(5) Nothing in this section prevents--
20 (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 from any time after the
commencement of this section; or
25 (b) a transferred employee from resigning or
being dismissed at any time after that
commencement in accordance with the then
existing terms and conditions of his or her
employment by Parks Victoria.
30 25. Superannuation
A transferred employee within the meaning of
section 24 who, immediately before the
commencement of this section, was--
(a) an officer within the meaning of the State
35 Superannuation Act 1988; or
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Parks Victoria Act 1998
s. 26
Act No.
(b) a contributor within the meaning of the
Emergency Services Superannuation Act
1986; or
(c) a member within the meaning of the State
5 Employees Retirement Benefits Act 1979;
or
(d) a contributor within the meaning of the
Local Authorities Superannuation Act
1988; or
10 (e) a member within the meaning of the
Transport Superannuation Act 1988--
continues, subject to that Act, to be an officer,
contributor or member within the meaning of that
Act while employed by Parks Victoria.
15 26. Amendment of Conservation, Forests and Lands Act
1987
After section 11(3) of the Conservation, Forests
and Lands Act 1987 insert--
"(3A) The Minister may by instrument delegate
20 any of the Minister's powers, functions or
duties under the Coastal Management Act
1995, the Crown Land (Reserves) Act
1978, the Forests Act 1958, the Land Act
1958, the National Parks Act 1975 or the
25 Wildlife Act 1975 to Parks Victoria or an
employee of Parks Victoria for the purpose
of the performance or exercise by Parks
Victoria or an employee of Parks Victoria of
that power, function or duty in the course of
30 carrying out duties under any agreement or
arrangement relating to the management of
Crown land by Parks Victoria.
(3B) The Director-General by instrument under
seal may delegate any of the Director-
35 General's powers, functions or duties under
15
532013B.I1-22/4/98
Parks Victoria Act 1998
s. 27
Act No.
the Crown Land (Reserves) Act 1978, the
Forests Act 1958, the Land Act 1958, the
National Parks Act 1975 or the Wildlife
Act 1975 to Parks Victoria or an employee
5 of Parks Victoria for the purpose of the
performance or exercise by Parks Victoria or
an employee of Parks Victoria of that power,
function or duty in the course of carrying out
duties under any agreement or arrangement
10 relating to the management of Crown land by
Parks Victoria.".
27. Amendment of Water Industry Act 1994
In the Water Industry Act 1994--
(a) in section 110(2)(b)--
15 (i) after "Treasurer" insert "and the
Minister administering the Parks
Victoria Act 1998";
(ii) for "activities of" substitute "activities
that may be carried on by";
20 (b) in section 115(1) for paragraph (b)
substitute--
"(b) not less than one other director--";
(c) in section 118(2), omit "on a full-time basis
and".
25 28. Rates
(1) In section 3(1) of the Water Industry Act 1994
insert--
' "rating authority" means--
(a) in relation to a financial year before the
30 financial year commencing on 1 July
1999, Melbourne Parks and
Waterways;
16
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Parks Victoria Act 1998
s. 28
Act No.
(b) in relation to a financial year
commencing on 1 July 1999 or a
subsequent financial year, the Minister;
"Secretary" has the same meaning as Director-
5 General has in the Conservation, Forests
and Lands Act 1987;'.
(2) In section 139(1) of the Water Industry Act
1994, for "a financial year" substitute "the
financial year commencing on or before 1 July
10 1998".
(3) After section 139(1) of the Water Industry Act
1994 insert--
"(1A) Having regard to the estimated
disbursements from the Parks and Reserves
15 Trust Account for a financial year
commencing on 1 July 1999 or a subsequent
financial year, the Governor in Council, on
the recommendation of the Minister and
Treasurer, may, subject to and in accordance
20 with this section and the regulations, by
Order published in the Government Gazette,
in respect of that financial year, or any
quarter or half of that financial year, make,
and the rating authority may levy, a rate in
25 relation to land (other than land described in
Schedule 1) within any area or areas
specified by the Governor in Council by
Order published in the Government Gazette
for the purposes of this sub-section.".
30 (4) In section 139 of the Water Industry Act 1994--
(a) in sub-sections (2), (3D), (3E), (4), (4A),
(4B) and (4C) for "Melbourne Parks and
Waterways" (wherever occurring) substitute
"the rating authority";
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Parks Victoria Act 1998
s. 28
Act No.
(b) in sub-section (3A), omit "by Melbourne
Parks and Waterways";
(c) in sub-section (6)--
(i) for "Melbourne Parks and Waterways"
5 (where twice occurring) substitute "the
rating authority";
(ii) omit "by resolution";
(iii) for "by the resolution" substitute "by
the rating authority";
10 (d) in sub-section (7) for "A resolution must not
be made" substitute "An exemption must
not be given".
(5) In section 139 of the Water Industry Act 1994,
for sub-section (8) substitute--
15 "(8) An exemption given under sub-section (6)
may be revoked by a subsequent decision of
the rating authority and has effect in each
year until so revoked.".
(6) In the Water Industry Act 1994--
20 (a) in section 140(2), omit "to Melbourne Parks
and Waterways";
(b) in section 140(5), for "Melbourne Parks and
Waterways" substitute "The rating
authority";
25 (c) in section 140(6), omit "to Melbourne Parks
and Waterways".
(7) In section 140 of the Water Industry Act 1994,
for sub-section (7) substitute--
"(7) If a rate in respect of any land or interest on
30 such a rate remains unpaid after it is due and
payable, it may be recovered from the owner
of the land for the time being as a debt due to
the State by that owner.".
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Parks Victoria Act 1998
s. 29
Act No.
(8) In the Water Industry Act 1994--
(a) in section 141--
(i) for "Melbourne Parks and Waterways"
(where first occurring) substitute "The
5 rating authority";
(ii) for "Melbourne Parks and Waterways"
(where secondly occurring) substitute
"the rating authority";
(b) in section 142--
10 (i) for "Melbourne Parks and Waterways"
(where first occurring) substitute "The
rating authority";
(ii) for "Melbourne Parks and Waterways"
(where secondly occurring) substitute
15 "the rating authority";
(c) in section 143 for "Melbourne Parks and
Waterways" (where twice occurring)
substitute "the rating authority".
29. New Part 4A inserted
20 After section 153 of the Water Industry Act
1994 insert--
'PART 4A--PARKS AND RESERVES TRUST
ACCOUNT
153A. Parks and Reserves Trust Account
25 (1) There shall be established in the Trust Fund
an account to be known as the "Parks and
Reserves Trust Account".
(2) There shall be paid into the Parks and
Reserves Trust Account--
30 (a) all amounts in payment of rates and
interest received by, or collected on
behalf of, Melbourne Parks and
19
532013B.I1-22/4/98
Parks Victoria Act 1998
s. 29
Act No.
Waterways or the Minister under
Division 5 of Part 4; and
(b) all amounts standing to the credit of an
account held by Melbourne Parks and
5 Waterways immediately before the
commencement of section 29 of the
Parks Victoria Act 1998; and
(c) any income from the investment of
money standing to the credit of the
10 Trust Account and the proceeds of sale
of any investment; and
(d) any other money approved by the
Treasurer.
(3) There shall be paid out of the Parks and
15 Reserves Trust Account--
(a) such amounts as the Secretary, with the
approval of the Minister, determines for
the purposes of the management and
control, within the metropolitan area, of
20 open space, parks and waterways for
the purposes of conservation,
recreation, leisure, tourism and
navigation;
(b) such amounts as the Secretary, with the
25 approval of the Minister, determines as
financial assistance by way of grants,
loans or otherwise to persons or bodies
engaged in activities within the
metropolitan area of the kind referred to
30 in paragraph (a);
(c) costs and expenses incurred by
Melbourne Parks and Waterways or the
Minister in connection with the
making, levying, collection and
20
532013B.I1-22/4/98
Parks Victoria Act 1998
s. 29
Act No.
recovery of rates under Division 5 of
Part 4;
(d) costs and expenses incurred by
Melbourne Parks and Waterways in
5 carrying out its functions under Part 4;
(e) any other amounts authorised under this
or any other Act to be paid out of the
Trust Account.
(4) Money standing to the credit of the Parks
10 and Reserves Trust Account may be invested
in any manner in which trust funds may be
invested under the Trustee Act 1958.
(5) In this section--
"metropolitan area" means the area or
15 areas specified from time to time by the
Governor in Council for the purposes of
section 110(1)(a) by Order published in
the Government Gazette.'.
20
21
532013B.I1-22/4/98
Parks Victoria Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
532013B.I1-22/4/98
Parks Victoria Act 1998
Act No.
23
532013B.I1-22/4/98
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