Victorian Consolidated Legislation

ROYAL BOTANIC GARDENS ACT 1991

No. 87 of 1991
Version incorporating amendments as at 8 February 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Act binds the Crown
   5.      Objectives

   PART 2-THE ROYAL BOTANIC GARDENS BOARD

           Division 1-Establishment and membership

   6.      Establishment
   7.      Board represents Crown
   8.      Board member's immunity
   9.      Board's accountability
   10.     Membership and procedure

           Division 2-Functions and general powers

   11.     Functions
   12.     General powers
   13.     Delegation

           Division 3-Miscellaneous specific powers

   14.     Specific powers
   15.     Services

           Division 4-Powers over land

   16.     Botanic gardens
   17.     Managed Crown land
   18.     Managed freehold land
   19.     Notice of managed land
   20.     Land acquired by gift
   21.     When is acquired land not managed land?
   22.     Notice where land ceases to be managed land
   23.     Disposal of land
   24.     Leases, licences and permits
   24A.    Further power to lease land at Royal Botanic Gardens, Cranbourne

           Division 5-Powers over the State botanical collection

   25.     Additions to the collection
   26.     Maintaining the collection
   27.     Disposal of the collection

           Division 6-Works

   28.     Board may carry out works

           Division 7-Finance and reporting

   29.     General fund
   30.     Borrowing and investment powers
   31.     Treasurer's guarantees
   32.     Agreements with Secretary
   33.     Secretary's access to financial information
   34.     Repealed
   35.     Corporate plan and budget
           36, 37. Repealed

   PART 3-THE DIRECTOR AND STAFF

           Division 1-The Director

   38.     Appointment
   39.     Terms of office
   40.     Resignation
   41.     Removal from office
   41A.    Appointment of acting Director
   42.     Reappointment to public service and superannuation
   43.     Director's role
   44.     Director must give Secretary financial information

           Division 2-Chief botanist and other staff

   45.     Nomination of chief botanist
   46.     Role of the chief botanist
   47.     Delegation by chief botanist
   48.     Other staff

           Division 3-General

   49.     Staff not subject to Public Administration Act 2004.

   PART 4-ENFORCEMENT AND REGULATIONS

   50.     Who may take proceedings?
   50A.    Offences
   50B.    Requirement to give name and address
   50C.    Authorised officers must identify themselves
   51.     Regulations

   PART 5-AMENDMENTS AND TRANSITIONAL PROVISIONS

           Division 1-Amendment of Act

   52.     Amendment of Drugs, Poisons and Controlled Substances
           Act 1981.

           Division 2-Transitional provisions

   53.     Assets and liabilities to vest in Board
   54.     Reservations and tenures to continue
   55.     Gifts, trusts etc.
   56.     Continued regulations
   57.     Transferred staff
   58.     Superannuation and reappointment to the public service
   59.     References to government botanist
   60.     Repealed
   61.     Savings provision for Chairperson and Deputy Chairperson
           __________________
           SCHEDULE 1-Botanic Gardens
           SCHEDULE 2-Membership of the Board
           1. Members
           2. Term of office
           3. Chairperson and Deputy Chairperson
           4. Terms and conditions of office
           5. Resignation
           6. Removal from office
           7. Vacancies
           8. Member subject to Public Administration Act 2004.
           9. Remuneration and allowances
           10. Committees
           SCHEDULE 3-Procedure of the Board
           1. Quorum
           2. Who presides?
           3. General procedure
           4. Validity of decisions
           5. Declaration of interest
           SCHEDULE 4-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details