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WILDLIFE ACT 1975 - SECT 32 Wildlife Management Co-operative Areas

WILDLIFE ACT 1975 - SECT 32

Wildlife Management Co-operative Areas

S. 32(1) amended by No. 87/1997

s. 42(Sch.

item 19(a)).

    (1)     The Governor in Council on the recommendation of the Minister by Order published in the Government Gazette may declare any locality to be a Wildlife Management Co-operative Area for every kind or taxon of wildlife specified in the Order for the period of time specified in the Order.

S. 32(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.35), 46/1998

s. 7(Sch. 1).

    (2)     An Order shall not be made under subsection (1) in respect of any private land unless the owner or occupier thereof has first applied to the Minister in writing for such land to be declared a Wildlife Management Co-operative Area and the Minister has caused not less than one month's notice of intention to make the Order to be published in some newspaper circulating generally in the locality and in respect of any lands of the Crown unless the Minister has first consulted with the Minister administering the Water Act 1989 .

S. 32(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.34), 87/1997

s. 42(Sch.

item 19(b)

(i)(ii)), 24/2014 s. 45(1), 19/2018 s. 241(1).

    (3)     In respect of land declared under subsection (1) to be a Wildlife Management Co-operative Area the Secretary, Parks Victoria or the Game Management Authority (as appropriate) may prepare a scheme of operations the objects of which shall be the management, study, control of hunting, or preservation, of the kinds or taxon of wildlife specified in the Order or which exists in the area and the maintenance, restoration or improvement of the wildlife habitat thereon and such scheme, when approved by the Minister, shall be the working plan for the Wildlife Management Co‑operative Area to which it relates.

S. 32(4) amended by Nos 9505 s. 9(a), 41/1987 s. 103(Sch. 4 item 76.34), 87/1997

s. 42(Sch.

item 19(c)), 24/2014 s. 45(2), 19/2018 s. 241(1).

    (4)     The working plan for any Wildlife Management Co-operative Area may be prepared in consultation between the Secretary, Parks Victoria or the Game Management Authority, interested organizations, and the owner or occupier of any lands which pursuant to the provisions of this section have been declared to be a Wildlife Management Co‑operative Area and upon the owner or occupier of such lands consenting to the working plan, the working plan shall be submitted to the Minister for approval, and when approved by the Minister shall bind the land to which it relates for the period specified in the Order and in the case of private land may be enforced against any owner or occupier for the time being as if it were an agreement in writing executed by him.

S. 32(5) amended by Nos 41/1987 s. 103(Sch. 4 item 76.36), 24/2014 s. 45(3), 19/2018 s. 241(2).

    (5)     The plan may contain provisions requiring the involvement and participation of officers of the Department, Parks Victoria or the Game Management Authority with such interested organizations, owners or occupiers for the carrying out of works or of any act or operation in furtherance of the objects of the working plan.

S. 32(6) amended by No. 9505 s. 9(b).

    (6)     A working plan may, with the consent of the owner or occupier of any lands to which the working plan relates to the proposed amendments being first obtained and the approval in writing of the Minister, be amended from time to time and thereafter the working plan as so amended shall be the working plan for the Wildlife Management Co-operative Area to which it relates.

S. 32(7) amended by Nos 41/1987 s. 103(Sch. 4 item 76.37), 24/2014 s. 45(4).

    (7)     Any dispute arising with respect to a working plan under this section between the Department or the Game Management Authority and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final.