Victorian Consolidated Legislation

CATCHMENT AND LAND PROTECTION ACT 1994

No. 52 of 1994
Version incorporating amendments as at 14 September 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Objectives of Act
   5.      Crown to be bound

   PART 2-CATCHMENT AND LAND PROTECTION
   ADVISORY SYSTEM

           Division 1-Victorian Catchment Management Council

   6.      Establishment of Council
   7.      Constitution and membership of Council
   8.      Chairperson of Council
   9.      Functions of Council
   9A.     Powers of Council

           Division 1A-Conditions of membership and procedure of
           Council

   9B.     Terms of appointment of members
   9C.     Resignation and removal of members
   9D.     Vacancies in membership
   9E.     Committees
   9F.     Fees and allowances of members
   9G.     Presiding at Council meetings
   9H.     Proceedings of Council
   9I.     Validity of decisions of Council
   9J.     Report of Council

           Division 2-Catchment and land protection regions

   10.     Areas and boundaries of catchment and land protection
           regions

           Division 3-Catchment Management Authorities

   11.     Establishment of Authorities
   12.     Functions powers and duties of Authorities
   13.     Appointment of administrator
   14.     Application of Public Administration Act 2004.

           Division 4-Boards

   15.     Board
   16.     Function of boards
   17.     Terms and conditions of appointment of members of boards
   18.     Appointment of chairperson
   18A.    Deputy chairperson
   18B.    Acting appointments
   18C.    When a member ceases to hold office
   18D.    Removal from office of member
   18E.    Validity of decisions
   18F.    Improper use of information
   18G.    Effect of pecuniary interests
   18H.    What constitutes a pecuniary interest?
   18I.    Pecuniary interest does not prevent voting and consideration
           of some questions
   18J.    Effect of finding of guilt for offence against section 18G.
   18K.    Submission of returns by members and nominated officers
   18L.    Information to be disclosed in primary and ordinary returns
   18M.    Authority to maintain a register
   18N.    Proceedings of the board of an Authority
   18O.    Special meetings
   18P.    Resolutions without meetings
   18Q.    Allowances
   18R.    Expenses
   19.     Immunity of members

           Division 5-Other provisions relating to Catchment Management Authorities

   19A.    Power of Minister to give directions
   19B.    Annual report
   19C.    Corporate plans
   19D.    Statement of corporate intent: contents
   19E.    Statements of obligations of Authorities
   19F.    Powers of delegation of an Authority
   19G.    Chief Executive Officer
   19H.    Delegation of powers of Chief Executive Officer
   19I.    Employment of officers of Authorities
   19J.    Committees established by Authorities

   PART 3-DUTIES OF THE SECRETARY AND LAND
   OWNERS

   20.     General duties of land owners
   21.     Additional duties of the Secretary
   22.     Transfer of management responsibility

   PART 4-CATCHMENT PLANNING

           Division 1-Regional catchment strategies

   23.     What is a regional catchment strategy?
   24.     Contents of strategy
   25.     Status of strategy
   26.     Land managers to take strategy into account

           Division 2-Special area plans

   27.     What are special areas?
   28.     What is a special area plan?
   29.     Can two or more plans apply to the same area?
   30.     Contents of plan
   31.     Status of plan
   32.     Land managers to take special area plan into account

           Division 3-Land use conditions

   33.     Secretary may serve land use conditions
   34.     Status of land use conditions
   35.     Offence to disobey land use condition
   36.     Secretary may revoke land use condition

   PART 5-LAND MANAGEMENT NOTICES

           Division 1-General

   37.     When can a land management notice be issued?
   38.     Contents of a notice
   39.     Requirements before service of a notice
   40.     Status of land management notice
   41.     Offence to disobey notice
   42.     Revocation of land management notice
   42A.    Variation of land management notice

           Division 2-Interim land management notices

   43.     Interim land management notices
   44.     Authority to be advised when notice served

           Division 3-Land management notices and interim land
           management notices

   45.     Guidelines
   46.     Landowner to notify Secretary of compliance with notice
   47.     Relationship between land management notices and land
           use conditions

   PART 5A-PRIORITY AREA NOTICE

   47A.    Notice of declaration of priority area
   47B.    Contents of priority area notice
   47C.    Service of copy of notice on land owner
   47D.    Offence to fail to comply with notice
   47E.    Land owner to notify Secretary of measures taken
   47F.    Relationship between this Part and Part 5.

   PART 6-REVIEW OF LAND USE CONDITIONS AND LAND MANAGEMENT NOTICES

   48.     Review by Victorian Civil and Administrative Tribunal
   48A.    Application for declaration
   48B.    Matters Tribunal must take into account

   PART 7-EXTRACTIVE ACTIVITIES

   49.     Definitions
   50.     Application of Part 51. Offence to carry out unauthorised extractive activity
   52.     How to obtain an authority
   53.     Contents of authority
   54.     Use of security where conditions breached
   55.     Expiry of old authority where application pending
   56.     Secretary may suspend or revoke authority
   57.     Relationship between this Part and Part 3.

   PART 8-NOXIOUS WEEDS AND PEST ANIMALS

           Division 1-Classification of pests

   58.     Classification of pests-general
   58A.    Emergency declaration of State prohibited weed
   59.     What cannot be declared under this Part?
   60.     What are State prohibited weeds?
   61.     What are regionally prohibited weeds?
   62.     What are regionally controlled weeds?
   63.     What are restricted weeds?
   64.     What are prohibited pest animals?
   65.     What are controlled pest animals?
   66.     What are regulated pest animals?
   67.     What are established pest animals?
   68.     Revocation of declaration
   69.     Action before recommendation

           Division 2-General control of noxious weeds and pest animals

   70.     Controlling noxious weeds
   70A.    Removing particular vehicles or other things on to a road
   70B.    Directions notice
   70C.    Offence to fail to comply with directions notice
   70D.    Land owner to notify Secretary of measures taken under directions notice
   71.     Spread of noxious weeds
   72.     Destruction etc. of noxious weeds
   73.     Repealed
   74.     Offence to take pest animals in areas affected by chemicals

           Division 3-Importing, keeping, trading in and releasing of pest animals

   75.     Offence to import, keep or sell pest animals
   75A.    Offence to release pest animals
   76.     Authority to keep pest animals
   77.     Permits
   77A.    Non-compliance with permit conditions
   78.     Revocation of permit

   PART 9-GENERAL

           Division 1-Enforcement

   79.     Secretary may do certain work
   79A.    Authorised officers to produce evidence of appointment
   80.     Entry with consent
   81.     Entry with notice
   82.     Emergency entry
   83.     Entry with warrant
   83A.    Further seizure powers
   83B.    Announcement before entry
   83C.    Details of warrant to be given to occupier
   83D.    Searches of vehicles and boats
   83E.    Searches of vehicles for noxious weeds
   83F.    Authorised officer may have assistance
   83G.    Return of seized things
   83H.    Magistrates' Court may extend 90 day period
   83I.    Disposal of seized things
   83J.    Requirements as to taking samples and seizure
   83K.    Samples
   83L.    Retention notices
   83M.    Evidentiary provisions relating to retention notices
   83N.    Authorised officer to comply with prescribed procedures
   83O.    Authorised officer may require access to ratepayer details
   84.     Offences relating to enforcement
   84A.    Conduct by officers, employees or agents
   85.     Notices for the purpose of this Act
   85A.    Persons served with notices to inform Secretary if not land
           owner

           Division 2-Simplification of proof

   86.     Certificate as to money owed to the Secretary
   87.     Proof of taking pest animals
   88.     Proof of keeping pest animals
   89.     Proof of identity of plants or animals
   90.     Certificates

           Division 3-General

   91.     The Register
   92.     Evidence of other matters
   93.     Other Acts not affected
   94.     Supreme Court-limitation of jurisdiction

   PART 10-REGULATIONS AND SUBORDINATE INSTRUMENTS

   95.     Regulations
   95A.    Incorporation of documents in certain subordinate
           instruments

   PART 11-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

   96.     Definition
   97.     Validation of certain orders or other instruments
           97A-97C Repealed
   98.     Catchment Management Authorities deemed to be the same
           body
           99-102 Repealed
   103.    Validation of actions of Boards
   104.    Transitional provision Catchment and Land Protection (Further Amendment) Act 2006.
           __________________
           SCHEDULE 1-Repealed
           SCHEDULE 2-Regional Catchment Strategies and Special Area
           Plans
           3, 4-Repealed
           SCHEDULE 5-Special Water Supply Catchment Areas
           SCHEDULE 6-Repealed
           SCHEDULE 7.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details