CROWN LAND (RESERVES) ACT 1978 - SECT 18B Power of Secretary to enter into management agreements
CROWN LAND (RESERVES) ACT 1978 - SECT 18B
Power of Secretary to enter into management agreements(1) The Secretary, with the approval of the Minister, may enter into a management agreement with any person with respect to—
(a) the whole or part of land temporarily or permanently reserved under this Act; or
(b) the carrying out of specified functions, powers or duties in relation to the management of the whole or any part of any land temporarily or permanently reserved under this Act.
(2) An agreement under subsection (1) must not extend to any land that is vested in another person or body or to the carrying out of any function, power or duty in relation to the management of land that is conferred on another person or body.
(3) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—
(a) the management of any land, that is reserved under this Act, that is appointed land of that Board; or
(b) the carrying out of specified functions, powers or duties in relation to the management of any land that is reserved under this Act, that is appointed land of that Board.
S. 18B(4) substituted by No. 19/2018 s. 97.
(4) The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (3) in relation to Parks Victoria recorded land.
S. 18B(4A) inserted by No. 42/2021 s. 49(1).
(4A) The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (3) in relation to land controlled and managed by the Authority.
S. 18B(5) substituted by No. 19/2018 s. 97.
(5) In entering into a management agreement under subsection (3), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.
S. 18B(6) inserted by No. 19/2018 s. 97.
(6) If an agreement under subsection (3)—
(a) provides for a Traditional Owner Land Management Board to manage any land that is reserved under this Act and that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or
S. 18B(6)(ab) inserted by No. 42/2021 s. 49(2)(a).
(ab) provides for a Traditional Owner Land Management Board to manage any land that is reserved under this Act and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Authority does not have power to control and manage that land, to the extent of the agreement; or
S. 18B(6)(b) amended by No. 42/2021 s. 49(2)(b).
(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved under this Act and that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement; or
S. 18B(6)(c) inserted by No. 42/2021 s. 49(2)(c).
(c) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved under this Act and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Authority does not have power to carry out that function, power or duty, to the extent of the agreement.
S. 18B(7) inserted by No. 19/2018 s. 97.
(7) Subsection (6) has effect despite any provision of this Act or any other enactment to the contrary.
S. 18C (Heading) amended by No. 19/2018 s. 98(1).
S. 18C inserted by No. 49/2017 s. 74.