CONSERVATION, FORESTS AND LANDS ACT 1987

Victorian Consolidated Legislation

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CONSERVATION, FORESTS AND LANDS ACT 1987 - NOTES

No. 41 of 1987
Version incorporating amendments as at 29 February 2008

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 26 February 1987
Legislative Council: 29 April 1987
The long title for the Bill for this Act was "A Bill to create a body corporate called the Director-General of Conservation, Forests and Lands, to abolish various bodies and transfer their functions to that body corporate, to provide for the administration and enforcement of Acts administered by the Minister for Conservation, Forests and Lands and for other matters concerning land management to make consequential amendments to various Acts and for other purposes.".
The Conservation, Forests and Lands Act 1987 was assented to on 19 May 1987 and came into operation as follows:
Section 113 on 30 June 1987, rest of Act (except sections 26(7), 30, Parts 5 and 6, Schedule 4 item 49.9) on 1 July 1987: Government Gazette 24 June 1987 page 1694; Part 5 (sections 31-55) on 10 December 1987: Government Gazette 9 December 1987 page 3328; section 30 on 20 January 1988: Government Gazette 20 January 1988 page 83.
Section 26(7) and Schedule 4 item 49.9 were never proclaimed, repealed by No. 11/1995.
Part 6 (sections 56-65) not yet proclaimed.
2. Table of Amendments
This Version incorporates amendments made to the Conservation, Forests and Lands Act 1987 by Acts and subordinate instruments.
-------------------------------------------------------------
Pipelines (Amendment) Act 1988, No. 26/1988
Assent Date:
17.5.88
Commencement Date:
S. 15 on 1.7.87: s. 2(2); rest of Act on 30.6.88: Government Gazette 29.6.88 p. 1896
Current State:
All of Act in operation
Flora and Fauna Guarantee Act 1988, No. 47/1988
Assent Date:
24.5.88
Commencement Date:
Ss 1-4, 8, 11, 69 on 24.5.88: s. 2(1); rest of Act on 25.9.88: Special Gazette (No. 81) 25.9.88 p. 1
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)
Assent Date:
24.5.88
Commencement Date:
S. 93(2)(Sch. 2 item 5) on 1.7.88: Government Gazette 1.6.88 p. 1487
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 item 16.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Road Safety (Miscellaneous Amendments) Act 1989, No. 53/1989
Assent Date:
14.6.89
Commencement Date:
S. 22(2) on 19.6.89: Special Gazette (No. 32) 15.6.89 p. 1
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Penalty Interest Rates (Amendment) Act 1989, No. 58/1989
Assent Date:
22.8.89
Commencement Date:
22.8.89
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
Conservation, Forest and Lands Acts (Amendment) Act 1989, No. 90/1989
Assent Date:
5.12.89
Commencement Date:
Pts 1, 2, 4; ss 9, 16, 17 on 5.12.89: s. 2(1); Pt 3 (except s. 9) on 16.11.89: s. 2(2); s. 18(2) on 19.4.88: s. 2(3); ss 11-15, 18(1) on 3.10.90: Special Gazette (No. 47) 3.10.90 p. 1
Current State:
All of Act in operation
Victorian Public Offices Corporation (Repeal) Act 1990, No. 65/1990
Assent Date:
20.11.90
Commencement Date:
20.11.90
Current State:
All of Act in operation
Forests (Timber Harvesting) Act 1990, No. 82/1990
Assent Date:
11.12.90
Commencement Date:
11.12.90
Current State:
All of Act in operation
Heritage Rivers Act 1992, No. 36/1992
Assent Date:
16.6.92
Commencement Date:
S. 19 on 10.9.92: Government Gazette 9.9.92 p. 2635
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Crown Land Acts (Amendment) Act 1993, No. 48/1993
Assent Date:
1.6.93
Commencement Date:
1.6.93
Current State:
All of Act in operation
Victorian Plantations Corporation Act 1993, No. 61/1993
Assent Date:
8.6.93
Commencement Date:
Ss 1-3 on 8.6.93: s. 2(1); rest of Act on 1.7.93: Government Gazette 24.6.93 p. 1596
Current State:
All of Act in operation

Mineral Resources Development (Amendment) Act 1993, No. 86/1993
Assent Date:
3.11.93
Commencement Date:
S. 39 on 17.1.94: Government Gazette 16.12.93 p. 3317
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Financial Management (Consequential Amendments) Act 1994, No. 31/1994 (as amended by No. 43/1995)
Assent Date:
31.5.94
Commencement Date:
S. 3(Sch. 1 items 12.1, 12.2) on 7.7.94: Government Gazette 7.7.94 p. 1878-see Interpretation of Legislation Act 1984
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Catchment and Land Protection Act 1994, No. 52/1994
Assent Date:
15.6.94
Commencement Date:
Ss 1, 2 on 15.6.94: s. 2(1); ss 3-5, Pt 2 (ss 6-19), Sch. 1 on 30.9.94: Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3)
Current State:
All of Act in operation
Fisheries (Amendment) Act 1994, No. 87/1994
Assent Date:
6.12.94
Commencement Date:
Ss 1, 2, 4-6, 12(1), 13, 19-26, 28-34 on 6.12.94: s. 2(1); rest of Act on 30.3.95: Government Gazette 30.3.95 p. 694
Current State:
All of Act in operation
Crown Lands Acts (Amendment) Act 1994, No. 96/1994
Assent Date:
13.12.94
Commencement Date:
Pt 4 (ss 49-52) on 26.1.95: Government Gazette 26.1.95 p. 163
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Project Development and Construction Management Act 1994, No. 101/1994
Assent Date:
13.12.94
Commencement Date:
S. 65 on 22.5.95: Government Gazette 18.5.95 p. 1180
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Coastal Management Act 1995, No. 8/1995
Assent Date:
26.4.95
Commencement Date:
S. 41 on 6.7.95: Government Gazette 6.7.95 p. 1698
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 1995, No. 11/1995
Assent Date:
26.4.95
Commencement Date:
26.4.95
Current State:
All of Act in operation
Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995
Assent Date:
6.6.95
Commencement Date:
6.6.95
Current State:
All of Act in operation
National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995
Assent Date:
20.6.95
Commencement Date:
S. 32(5) on 3.8.95: Government Gazette 3.8.95 p. 2013
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Extractive Industries Development Act 1995, No. 67/1995
Assent Date:
17.10.95
Commencement Date:
S. 58(Sch. 1 item 4) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Fisheries Act 1995, No. 92/1995 (as amended by No. 5/1997)
Assent Date:
5.12.95
Commencement Date:
S. 162 on 18.12.97: Government Gazette 18.12.97 p. 3613
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Zoological Parks and Gardens Act 1995, No. 106/1995
Assent Date:
5.12.95
Commencement Date:
S. 51(a)-(c) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1.
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Taxation Administration Act 1997, No. 40/1997
Assent Date:
3.6.97
Commencement Date:
S. 138(Sch. 2 item 5) on 1.7.97: Government Gazette 12.6.97 p. 1330
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Wildlife (Amendment) Act 1997, No. 87/1997
Assent Date:
2.12.97
Commencement Date:
Pt 3 (ss 43-45) on 21.3.98: Government Gazette 12.3.98 p. 520
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date:
9.12.97
Commencement Date:
S. 71 on 30.4.98: Government Gazette 30.4.98 p. 926
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Audit (Amendment) Act 1997, No. 93/1997
Assent Date:
6.12.97
Commencement Date:
S. 28(Sch. item 6) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998
Assent Date:
19.5.98
Commencement Date:
S. 13 on 26.6.98: Government Gazette 25.6.98 p. 1561
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Parks Victoria Act 1998, No. 44/1998
Assent Date:
26.5.98
Commencement Date:
S. 26 on 3.7.98: Government Gazette 2.7.98 p. 1690
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 15) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

National Parks (Amendment) Act 1998, No. 70/1998
Assent Date:
4.11.98
Commencement Date:
S. 15 on 15.4.99: Government Gazette 15.4.99 p. 838
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 (as amended by No. 74/2000)
Assent Date:
10.11.98
Commencement Date:
Ss 3, 4 on 15.12.98: s. 2(5)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 76/1998)
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 12) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Water Industry (Amendment) Act 2000, No. 66/2000
Assent Date:
8.11.00
Commencement Date:
Ss 33, 34 on 1.12.01: s. 2(4)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 22) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001
Assent Date:
7.11.01
Commencement Date:
S. 3(Sch. item 3) on 20.12.01: Government Gazette 20.12.01 p. 3127
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Fisheries (Amendment) Act 2003, No. 56/2003
Assent Date:
16.6.03
Commencement Date:
Ss 5-7 on 17.6.03: s. 2
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003
Assent Date:
2.12.03
Commencement Date:
S. 6 on 3.12.03: s. 2
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Sustainable Forests (Timber) Act 2004, No. 48/2004
Assent Date:
16.6.04
Commencement Date:
Ss 127-129, 131, 132 on 17.6.04: s. 2(1); s. 130 on 1.8.04: Government Gazette 29.7.04 p. 2120
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004
Assent Date:
19.10.04
Commencement Date:
S. 57 on 20.10.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 39) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Safety on Public Land Act 2004, No. 109/2004
Assent Date:
21.12.04
Commencement Date:
S. 23 on 22.12.04: s. 2
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 7) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Victoria Racing Club Act 2006, No. 40/2006
Assent Date:
20.6.06
Commencement Date:
S. 42 on 1.8.06: Government Gazette 27.7.06 p. 1534
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 19) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
Water (Governance) Act 2006, No. 85/2006
Assent Date:
17.10.06
Commencement Date:
S. 160 on 21.12.06: Government Gazette 21.12.06 p. 2768
Current State:
This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
-------------------------------------------------------------
3. Explanatory Details

1 S. 6: Section 12 of the Crown Land Acts (Amendment) Act 1993, No. 48/1993 reads as follows:
12. Transitional provisions
(1) Any act done under the seal of the body corporate established by section 6 of the Conservation, Forests and Lands Act 1987 before the commencement of this Act which was an act which was required to be done in the name of the Director-General of Conservation, Forests and Lands, the Director-General of Conservation and Environment or the Secretary to the Department of Conservation and Natural Resources is not invalid merely because it was done under the seal of the body corporate.
(2) Any act done in the name of the Director-General of Conservation, Forests and Lands, the Director-General of Conservation and Environment or the Secretary to the Department of Conservation and Natural Resources before the commencement of this Act was an act that was required to be done under the seal of the body corporate established by section 6 of the Conservation, Forests and Lands Act 1987 is not invalid merely because it was not under the seal of the body corporate.
(3) Any act done-
(a) under seal in the name of the Director-General of Conservation and Environment; or

(b) under seal in the name of the Secretary to the Department of Conservation and Natural Resources-
before the commencement of this Act, which was an Act which was required to be done under seal in the name of the Director-General of Conservation, Forests and Lands is not invalid merely because it was not done under that seal.

2 S. 69(3): Section 22 of the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995 reads as follows:
22. Transitional provisions
(1) The Trust for Nature (Victoria) is deemed to be the same body as the Victorian Conservation Trust despite the changes to the name and structure of the Trust by this Act, and no matter or thing is to be affected because of those changes of name and structure.
(2) On and after the commencement of this section, a reference to the Victorian Conservation Trust in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject-matter, is deemed to be a reference to the Trust for Nature (Victoria).
(3) The trustees of the Victorian Conservation Trust holding office immediately before the commencement of this section continue to hold office after the commencement of this section as trustees of the Trust for Nature (Victoria) on the same terms and conditions upon which they held office as trustees of the Victorian Conservation Trust.

3 S. 70(1)(ma): See note 2.
4 S. 70(2): See note 2.
??

Part 3-Property

Conservation, Forests and Lands Act 1987
No. 41 of 1987