Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 13

Regulations

13. Regulations



(1) Where any land has been reserved under this Act-

   (a)  the trustees thereof or the Minister and the trustees (as the case may
        be) with the approval of the Governor in Council; or

   (b)  where the land has not been granted to trustees, the Minister-

may make regulations for and with respect to-

   (i)  the proceedings of any committee of management;

   (ii) the care protection and management of the land;

   (iii) the preservation of good order and decency on the land;

   (iv) the provision of services and facilities on the land and the
        conditions under which any services or facilities so provided shall be
        available to or be used by any person;

   (v)  the carrying out of works and improvements;

   (vi) the safety of persons on the land or occupying or using any structure
        or building or any part of any structure or building on the land;

   (vii) issuing permits and licences and entering into agreements in relation
        to the land;

   (viii) the inspection and approval by a committee of management (if any) of
        plans and specifications for buildings structures or other works or
        extensions of buildings structures or other works required or
        permitted to be erected on such land;

   (ix) the removal of any buildings structures or other works which do not
        comply with the requirements of the committee of management or in
        respect of which a permit, licence or agreement has expired or has
        been cancelled;

   (x)  the imposition collection and receipt of tolls fees rents or other
        charges for or in respect of- entry upon such land (including any
        waters thereon) or any specified part thereof by any persons animals
        vehicles boats or aircraft; or any improvement services or facilities
        thereon (including carparks); and

   (xi) the fixing and collection of charges or royalties, whether in advance
        or otherwise, for the taking of any stone within the meaning of the
        Extractive Industries Development Act 1995 from such land;

   (xii) extending or applying all or any of the regulations made under this
        subsection in respect of any land referred to in paragraph (b) to any
        other such land where the body or persons comprising the committee of
        management of the first-mentioned land is or are also appointed to be
        the committee of management of such other land or where there is no
        committee of management for the land in respect of which the
        regulations were made or for the land to which they are to be extended
        or applied.

(2) Any regulations made by the Minister under the power conferred by
paragraph (b) of subsection (1) may confer and impose upon the committee of
management of the land and upon any officer or servant of such committee such
powers functions authorities restrictions and duties as the Minister thinks
necessary or expedient for the purposes of such regulations.

(3) Regulations under paragraph (x) of subsection (1) imposing tolls fees
rents or other charges shall not be made in respect of any lands reserved for
public recreation and granted to the Corporation of the city of Melbourne
either alone or jointly with the Minister or in respect of any public parks or
gardens vested in trustees or jointly in the Minister and trustees, unless the
Governor in Council is satisfied that there are special reasons justifying
such regulations.

(4) Regulations made under this section and any revocation of any such
regulations shall be published in the Government Gazette.



(5) Any person who contravenes any regulation made under this section (other
than a regulation of the kind referred to in subsection (6)) shall be liable
to a penalty of not more than 2 penalty units.

(6) Any person who contravenes any regulation made under this section for or
with respect to prohibiting the depositing and the leaving of any unwanted
material or thing on any land to which this section relates shall be liable to
a penalty of not more than 5 penalty units.

(7) Any person who contravenes or fails to comply with any regulation made
under this section and who after he has been warned by an authorised officer
or by any member of the police force does not desist therefrom may be
forthwith apprehended by such authorised officer or member of the police force
and taken before a bail justice or the Magistrates' Court to be dealt with
according to law.

(8) Every officer or servant employed by the committee of management of any
land and every officer or servant of the trustees of any land and every
authorised officer and every member of the police force shall have and may
exercise all powers and authorities necessary to take proceedings prosecute or
file a charge in respect of any contravention or failure to comply with any
regulations made under this section.

(9) Any money recovered by fine for breach of any regulation made under this
section shall be paid-

   (a)  where the charge is filed by a member of the police force or an
        authorised officer-into the Consolidated Fund;





   (b)  where the charge is filed by an officer or servant employed by the
        committee of management of any land-into the funds of the committee of
        management;

   (c)  where the charge is filed by any officer or servant employed by the
        trustees of the land-into the funds of the trustees.