CONSERVATION, FORESTS AND LANDS ACT 1987

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Object  
• 4A Transport Integration Act 2010  
• 5 Crown to be bound  

PART 2--ADMINISTRATION

Division 1--Secretary

• 6 Secretary to be body corporate  
• 7 Secretary to be subject to control  
• 8 Department Head to have same powers as before incorporation  
• 10 Functions of Secretary  
• 11 Delegation of powers and functions  

Division 2--Advisory bodies

• 12 Committees  

PART 3--PROPERTY

• 13 Power to acquire land  
• 14 The Land Acquisition and Compensation Act 1986 is to apply  
• 15 Power to dispose of land  
• 16 Power to accept donations  
• 17 Easements  

PART 4--FINANCE

Division 1--Agreements and accounting

• 18 Power of the Secretary to enter into contracts  
• 19 Limitation upon the Secretary's power to make contracts  
• 20 Expenditure by the Secretary  
• 21 Entry of payments  
• 22 Conservation, Forests and Lands Stores Suspense Account  
• 23 Conservation, Forests and Lands Plant and Machinery Fund  
• 24 Budgets  
• 25 Payments into Consolidated Fund in respect of roads etc.  

Division 2--Charges and fees

• 27 Right to levy charges and fees  
• 28 Charges and fees  
• 29 Liability for charge or fee  
• 30 Charge or fee may be recovered as debt  

PART 5--CODES OF PRACTICE

• 31 Power to make Codes of Practice  
• 32 Variation and revocation of Code of Practice  
• 33 Advertisement of draft Code of Practice, variation or revocation  
• 34 Consideration of submissions  
• 37 Making and publication of Codes of Practice, variations and revocations  
• 37A Tabling and disallowance  
• 38 Availability of Code of Practice  
• 39 Compliance with Codes of Practice  
• 40 Incorporation of Codes of Practice by regulation  

PART 6--CONSERVATION WORKERS

• 56 Definitions  
• 57 Secretary may give certificates  
• 58 Compensation for personal injuries and property damage  
• 59 Jurisdiction of County Court  
• 60 Authority to represent the Crown  
• 61 Authority entitled to costs and expenses  
• 62 Rules  
• 63 Recovery from third parties  
• 64 Compensation and expenses to be paid from Consolidated Fund  
• 65 Offence  

PART 7--PUBLIC AUTHORITIES

• 66 When a plan of works must be submitted  
• 67 Compliance with Codes of Practice and comments  

PART 7A--PARKS VICTORIA LAND RECORD

Division 1--Establishment and keeping of Parks Victoria land record

• 67A Parks Victoria land record  
• 67B Land in respect of which regulations under Part 9A may be made  
• 67C Amendment of the record  

Division 2--Effect of inclusion of land in Parks Victoria land record

• 67D Definitions  
• 67E Transfer of property and other matters from the Secretary to Parks Victoria  
• 67F Saving of tour operator licences  
• 67G Saving of applications for tour operator licences and variations of tour operator licences  
• 67H Decisions under section 17E of the Crown Land (Reserves) Act 1978, use of land for car parks  
• 67I Orders as to management and control of reserved land under section 18 of the Crown Land (Reserves) Act 1978  
• 67J Construction of conditions in leases under section 121 of the Land Act 1958  
• 67K Construction of conditions in licences under section 130 of the Land Act 1958  
• 67L Agistment permits under section 133A of the Land Act 1958  
• 67M Licences under section 16 of the Wildlife Act 1975  

PART 8--LAND MANAGEMENT CO‑OPERATIVE AGREEMENTS

• 68 Powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority  
• 69 Power to enter into agreements  
• 70 Content of agreements  
• 71 Form and operation of agreement  
• 72 Agreements binding on successors  
• 73 Wildlife sanctuaries  
• 74 Public access to certain land  
• 75 Rate relief  
• 76 Variation or termination of agreements  
• 77 Remedies for breach of agreement  
• 78 Injunctions  
• 79 Amount due to Secretary is a charge on land  
• 80 Information to be given to the public  
• 81 Offences by third parties  
• 82 Regulations  

PART 8A--TRADITIONAL OWNER LAND MANAGEMENT BOARDS

Division 1--Definitions

• 82A Definitions  

Division 2--Constitution of Traditional Owner Land Management Boards

• 82AB Role of Minister, Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority where recognition and settlement agreement exists  
• 82B Power of Minister to establish Traditional Owner Land Management Board  
• 82BA Revocation of appointment of committee of management  
• 82C Status of Traditional Owner Land Management Boards  
• 82D Application of Public Administration Act 2004  
• 82E Objective of Traditional Owner Land Management Boards  
• 82F Variation of role etc. of Traditional Owner Land Management Board  
• 82FA Requirements for variation where recognition and settlement agreement applies  
• 82G Abolition of Traditional Owner Land Management Board  
• 82GA Requirements for abolition where recognition and settlement agreement applies  

Division 3--Functions, powers and duties of Traditional Owner Land Management Boards

• 82H Functions of Traditional Owner Land Management Boards  
• 82I Powers and duties of Traditional Owner Land Management Boards  
• 82J Functions, powers and duties to be carried out in accordance with relevant Act  

Division 4--Description, membership and procedure

• 82K Title  
• 82L Membership  
• 82M Appointment and dismissal of members  
• 82N Cessation of office of members  
• 82O Procedures  

Division 5--Agreements as to Traditional Owner Land Management Boards

• 82P Agreements as to the establishment etc. of Traditional Owner Land Management Boards  

Division 5A--Joint management plans

• 82PA Joint preparation of management plans  
• 82PB Requirements of specific Acts as to management to apply  
• 82PC Other requirements for management plans  
• 82PD Completion of preparation of management plan  
• 82PE Notice of completed management plan  
• 82PF Making and consideration of submissions  
• 82PG Agreement to management plan  
• 82PH Approval of plan by Minister  
• 82PI Effect of plan  
• 82PJ Variation of joint management plan  

Division 6--General

• 82Q Delegations to or in relation to Traditional Owner Land Management Boards  
• 82R Describing land in determinations  

PART 9--ENFORCEMENT AND GENERAL PROVISIONS

• 83AA Definition  
• 83 Appointment of authorised officers  
• 84 Appointment of persons to perform certain functions of authorised officers  
• 85 Police officers to assist authorised officers  
• 86 Immunity of officers  
• 87 Statement of authorised officer is evidence  
• 88 Certificate of Secretary or chief executive officer of Parks Victoria or Great Ocean Road Coast and Parks Authority is evidence  
• 88A Certificates of identification  
• 89 Injunctions  
• 90 Offences by bodies corporate and partnerships etc.  
• 91 Infringement notice  
• 94 Parking infringements  
• 95 False or misleading statements  
• 95A Hindering or obstructing forest operations  
• 96 Proceedings for offences  
• 97 Compensation  
• 98 Action for damages  
• 99 Regulations  
• 100 Governor in Council may amend Schedule 3  

PART 9A--REGULATIONS FOR CERTAIN PARKS VICTORIA RECORDED LAND

• 101 Definitions  
• 102 Regulation making power for recorded land  

PART 10--TRANSITIONAL PROVISIONS

• 107 References  
• 108 Staff  
• 111 Accounts  
• 114 Continuation of section 94A of the Forests Act 1958  
• 117 Bodies not affected by change in constitution  
• 119 References to the Secretary  
• 120 Saving and transitional provisions—appointments and delegations  
• 121 Saving of appointments of authorised officers—Sustainable Forests (Timber) Act 2004  
• 122 Codes of Practice—Sustainable Forests (Timber) Act 2004  
• 123 Transitional provision—Traditional Owner Settlement Act 2010  
• 124 Transitional provision—delegation of powers and functions under section 11(3A), (3AA), (3B) or (3C)  
• SCHEDULE 1
• SCHEDULE 1A
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
ENDNOTES