Victorian Consolidated Legislation

Forests Act 1958 - SECT 50

Power to declare land in reserved forests to be a forest park etc.

50. Power to declare land in reserved forests to be a forest park etc.



(1) The Governor in Council may by Order published in the Government Gazette
at any time set aside and declare to be a forest park state park regional park
multi-purpose park wilderness education area historic area flora and fauna
reserve flora reserve scenic reserve alpine reserve roadside reserve or a
reserve for any other purpose any land being the whole or any portion of a
reserved forest and may at any time by the like Order revoke or vary any Order
so made.

(2) Where pursuant to subsection (1) of this section any land is set aside
which is subject to a licence or permit granted under this Act for the grazing
of cattle the Secretary may after giving not less than three months' notice in
writing to the holder of the licence or permit of the Secretary's intention to
do so cancel the licence or permit so far as it relates to that land and all
rights and privileges conferred by the licence or permit with respect to that
land shall cease accordingly.

			(3)    (a)	The Minister on the recommendation of the Secretary may appoint to be a committee of management or an advisory committee in relation to any land set aside pursuant to the provisions of subsection (1)-


   (i)  any three or more persons;

   (ii) any municipal council or any councillor;

   (iii) any board, committee, commission, trust or other body corporate or
        unincorporate established by or under any Act for a public purpose;

   (iv) a company within the meaning of the Corporations Act that-

                (A)  is taken to be registered in Victoria; and

                (B)  is registered under section 150, or has a licence in
                     force under section 151, of that Act;

   (v)  any combination of such persons and bodies;

   (vi) any one of the corporations or bodies referred to in subparagraph
        (ii), (iii) or (iv) together with an authorised officer-

and may at any time remove any of those persons or bodies from office.

   (b)  Where a corporation is appointed under this subsection with some other
        person or body to be a committee under this section the corporation
        shall appoint one of its members to act as the agent of the
        corporation for all purposes.

(4) The members of a committee of management or an advisory committee
appointed under this section who are not employees in the public service shall
subject to such conditions as he may determine be entitled to receive such
travelling allowances as are fixed by the Governor in Council.

(5) The Governor in Council may make regulations for or with respect to-



   (a)  the care protection and management of such land by the Secretary or
        the committee of management;





   (aa) regulating the entry upon such land of persons and prohibiting or
        regulating the entry upon such land of vehicles and the landing of
        helicopters and other aircraft and prescribing the periods during
        which persons, vehicles, helicopters or other aircraft may remain upon
        or over that land;

   (ab) regulating and controlling the use of such land by the public and
        prescribing conditions to be observed by persons using such land;

   (b)  the preservation of good order and decency therein;

   (ba) prohibiting or restricting the bringing upon any such land or allowing
        the entry thereon of any animal included in a specified class of
        animals or imposing conditions subject to compliance with which such
        an animal is permitted to be brought into, allowed to enter or to
        remain upon such land and where regulations are in force prohibiting
        the bringing into or entry upon that land of specified animals the
        regulations may permit an authorised officer, where he is satisfied
        upon reasonable grounds that an animal has been brought into or
        entered upon that land in contravention of these regulations and is at
        large upon the land, to shoot or otherwise destroy the animal speedily
        and without causing it unnecessary suffering;

   (bb) the setting aside of areas of that land for specific purposes,
        including prohibiting or regulating-

   (i)  access to and entry onto those areas; and

   (ii) activities in, or the use of, those areas;

   (c)  the provision of services on such land by the Secretary or the
        committee of management and the conditions under which any service so
        provided shall be available to or be used by any person;





   (ca) the carrying out of works and improvements on such land by the
        Secretary or the committee of management;





   (cb) the health and safety of persons on such land or occupying or using
        any building or any part of a building thereon;

   (cc) the inspection and approval by the Secretary or committee of
        management of plans and specifications for buildings or extensions or
        alterations to buildings required or permitted to be erected or made
        on such land under any lease licence or permit granted under section
        fifty-one or section fifty-two of this Act and the supervision by the
        Secretary or committee of management of the erection or making
        thereof;

   (cd) the giving to the Secretary or committee of management before any such
        building extension or alteration is commenced of security by way of a
        deposit of money or otherwise for the proper carrying out and
        completion of the work and the amount or value of the security;

   (d)  the employment of officers servants and workmen by the committee of
        management;

   (e)  the imposition collection and receipt of tolls fees rents or other
        charges by the Secretary or the committee of management for or in
        respect of-

   (i)  entry upon such land or any specified part thereof;

   (ii) use of such land or any part thereof or any improvement thereon;

   (iii) the construction and maintenance on such land by the Secretary or the
        committee of management of roads or streets drainage works sewerage
        works water supply works and electricity supply works;

   (iv) the supply of water and electricity and any other service whatever
        (whether of a similar or different kind) provided by the Secretary or
        the committee of management on such land or in connexion with the use
        of such land or any building or improvement thereon; and

   (v)  the examination and approval of plans for any new building or any
        extension or alteration to any building to be erected or made under
        any lease licence or permit granted under section fifty-one or section
        fifty-two of this Act- but so that no toll fee rent or charge imposed
        by any regulation made under subparagraphs (i), (ii) or (iii) of this
        paragraph shall be payable by any person who holds a lease licence or
        permit in respect of any such land which was granted under
        subparagraphs (ii), (iii) or (iv) of paragraph (a) of subsection (1)
        of section fifty-two of this Act;

   (f)  the expenditure of any moneys received by the Secretary or the
        committee of management in respect of any such land.





(5A) The Minister must not submit to the Governor in Council regulations
proposed to be made under subsection (5) that prohibit or restrict, or require
the consent of the Minister to, the carrying out of exploration or mining
within the meaning of the Mineral Resources (Sustainable Development) Act 1990
on land set aside under subsection (1) that is restricted Crown land within
the meaning of that Act unless the Minister has consulted with the Minister
administering that Act in relation to the content of the proposed regulations.

(6) Any moneys received by the Secretary pursuant to any regulation made under
this section shall be paid into a special trust fund kept in the Treasury for
the purpose, and shall be available for-

   (a)  the repayment of loans made for the provision of services and the
        carrying out of works and improvements on any such land, the payment
        of interest on such loans and the maintenance and extension of such
        services works and improvements; and

   (b)  the provision and extension of other services and carrying out
        maintaining and extending other works and improvements on any such
        land.



* * * * *







(8) A lessee or licensee of land within any reserve or the holder of any
licence or permit relating to a reserve shall be liable to pay to the
committee of management of the reserve or to the Secretary (as the case
requires) such amount as is fixed either generally or in any particular case
by the committee of management with the approval of the Secretary or by the
Secretary and approved by the Minister-

   (a)  as an appropriate contribution towards the costs incurred by the
        committee or the Secretary in providing facilities, amenities and
        services for that lessee, licensee or holder and the operation and
        maintenance of any such facilities, amenities and services or for
        community purposes;

   (b)  as an annual contribution towards the costs incurred by the committee
        or by the Secretary in providing operating and maintaining any such
        facilities, amenities and services or any one or more or any
        combination of any such activities.

(9) Amounts payable under subsection (8) shall be payable as prescribed by the
regulations and may in default of payment be recovered as a debt due to the
Crown.

(10) The Governor in Council may-





   (a)  annually appoint a registered company auditor to audit the accounts
        and records of any committee of management; or





   (b)  in respect of any particular committee of management, direct that the
        accounts of the committee of management be audited by the
        Auditor-General and, if so-



   (i)  the Auditor-General and any person assisting the Auditor-General has
        in respect of the audit all the powers conferred on the
        Auditor-General by any law relating to the audit of the Public
        Account; and

   (ii) the committee of management must pay to the Consolidated Fund an
        amount determined by the Auditor-General to defray the costs and
        expenses of the audit.

(11) A registered company auditor appointed under subsection (10)(a) is
entitled to be paid by the committee of management such remuneration as the
Governor in Council determines.