CATCHMENT AND LAND PROTECTION ACT 1994
Table of Provisions
PART 1--PRELIMINARY
PART 2--CATCHMENT AND LAND PROTECTION ADVISORY SYSTEM
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
- 11A Melbourne Water Corporation appointed for Port Phillip and Westernport Region
- 12 Functions powers and duties of Authorities
- 12AA Obligations of Authorities in relation to declared areas
- 12AB Obligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
- 13 Appointment of administrator
- 14 Application of Public Administration Act 2004
Division 4--Boards
- 15AA Application of Division
- 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 4A--Advisory committees
- 19AA Advisory committees established by the Minister
- 19AB Membership and procedures of advisory committees established by the Minister
Division 5--Other provisions relating to Catchment Management Authorities
- 19A Power of Minister to give directions
- 19B Matter to be included in 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 3A--ROADSIDE WEED AND PEST ANIMAL MANAGEMENT PLANS
- 22A Declaration of a municipal district
- 22B Roadside weed and pest animal management plan
- 22C Contents of a roadside weed and pest animal management plan
- 22D Preparation of plan
- 22E Time for preparing a roadside weed and pest animal management plan
- 22F Procedure for making a roadside weed and pest animal management plan
- 22G Minister may approve a roadside weed and pest animal management plan
- 22H Operation of roadside weed and pest animal management plan
- 22I Publication of roadside weed and pest animal management plan
- 22J Municipal council must implement plan
- 22K Variation of an approved roadside weed and pest animal management plan
- 22L Minister may request that plan be varied
- 22M Municipal council must publish varied plan
- 22N Suspension of approval of a roadside weed and pest animal management plan
- 22O Revocation of the approval of a roadside weed and pest animal management plan
- 22P Municipal council must provide information and documents to Minister
- 22Q Reporting
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
- 58B Emergency declaration of prohibited pest animal
- 58C Declaration of notifiable species
- 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
- 69A Amendment to Order under section 58
Division 2--General control of noxious weeds and pest animals
- 70 Controlling noxious weeds
- 70A Removing particular vehicles or other things on to or from 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 Offences relating to the spread of noxious weeds
- 71A Permits relating to noxious weeds
- 71B Revocation of permit granted under section 71A
- 71C Permit holder may surrender permit
- 72 Destruction etc. of noxious weeds
- 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 in relation to pest animals
- 77A Non-compliance with permit conditions
- 78 Revocation of permit granted under section 77
- 78A Permit holder may surrender permit
PART 9--GENERAL
Division 1--Enforcement
- 79 Secretary may do certain work
- 79AA Power of court to make an order for compensation to Secretary for expenses under section 79
- 79A Authorised officers to produce evidence of appointment
- 79B Production of documents or records
- 80 Entry with consent
- 80A Entry of roadsides
- 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, trailers, machinery and equipment for noxious weeds
- 83EA Searches of personal property
- 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
- 84AA Protection against self-incrimination
- 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
- 85B Land owner must notify Secretary of transfer of land
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
Division 1--Miscellaneous transitional provisions
- 96 Definition
- 97 Validation of certain orders or other instruments
- 98 Catchment Management Authorities deemed to be the same body
- 103 Validation of actions of Boards
- 104 Transitional provision Catchment and Land Protection (Further Amendment) Act 2006
- 105 Transitional provision—Revocation of declarations under section 58
Division 2--Transitional provisions--Water and Catchment Legislation Amendment Act 2021
- 106 Definitions
- 107 Transitional provision—Water and Catchment Legislation Amendment Act 2021
- 108 Transfer of employees of Port Phillip Catchment Management Authority to Melbourne Water Corporation