CROWN LAND LEGISLATION AMENDMENT (CANADIAN REGIONAL PARK AND OTHER MATTERS) ACT 2016 (NO. 12 OF 2016) - SECT 16 Sections 141 to 149 substituted
CROWN LAND LEGISLATION AMENDMENT (CANADIAN REGIONAL PARK AND OTHER MATTERS) ACT 2016 (NO. 12 OF 2016) - SECT 16
Sections 141 to 149 substitutedFor sections 141 to 149, including the headings preceding sections 146 and 149, of the Land Act 1958 substitute —
" 141 Person may apply for bee site licence
(1) A person may apply to the Minister for a bee site licence.
(2) An application for a bee site licence must be accompanied by the prescribed application fee (if any).
142 Minister may grant bee site licence
(1) The Minister may grant a licence over land specified in section 143(1) on receiving an application under section 141(1).
(2) The term of a bee site licence must not exceed 10 years.
(3) Subject to subsection (4), the boundary of the bee site licence area must not extend further than an 800-metre radius from the centre of the bee site licence area.
(4) The boundary of a bee site licence area may extend further than an 800-metre radius from the centre of the bee site licence area if—
(a) immediately before the commencement of section 16 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 —
(i) a person held a licence or permit for the purpose of keeping hives or farming bees (the original licence ) in respect of more or less the same licence or permit area as that bee site licence area; and
(ii) the area of land to which the original licence applied extended further than a radius of 800 metres from the centre of that original licence area; and
(b) the bee site licence is granted to—
(i) the person referred to in paragraph (a)(i); or
(ii) a person to whom a bee site licence or a saved licence for that bee site licence area is or has been transferred.
(5) In subsection (4)(b)(ii), "saved licence" means—
(a) a transitioned licence within the meaning of section 417; or
(b) a licence or permit saved by any of the following—
(i) section 17I of the Crown Land (Reserves) Act 1978 ;
(ii) section 104 of the Forests Act 1958 ;
(iii) clause 26 of Schedule One AA to the National Parks Act 1975 ;
(iv) section 106 of the Wildlife Act 1975 .
(6) The Minister, at any time, may impose, vary or revoke any terms and conditions on a bee site licence as the Minister thinks fit.
(7) Before granting a bee site licence over land specified in section 143(1)(b), (c), (d) or (e), the Minister must obtain the consent of the Minister responsible for the Act under which that land is controlled and managed.
143 Land over which bee site licence may be granted
(1) Subject to subsection (2), the Minister may grant a bee site licence over the following land—
(a) unreserved Crown land under this Act;
(b) reserved Crown land under the Crown Land (Reserves) Act 1978 , except for land that is managed by—
(i) a committee of management that is not Parks Victoria; or
(ii) a trustee;
Note
Reserved Crown land under the Crown Land (Reserves) Act 1978 includes land that is managed by Parks Victoria as committee of management.
(c) reserved forest within the meaning of the Forests Act 1958 ;
(d) the following land under the National Parks Act 1975 —
(i) a park within the meaning of that Act;
(ii) land managed by the Secretary in accordance with a management agreement under section 19A or 19C of that Act, if the agreement specifically provides that any or all of sections 141 to 149 of this Act apply to that land;
(iii) land leased by the Minister and managed by the Secretary in accordance with section 19E of that Act, if the lease specifically provides that any or all of sections 141 to 149 of this Act apply to that land;
(iv) land ordered by the Governor in Council to be treated as a park under section 19F of that Act, if the land is specified in Schedule Four to that Act as being subject to any or all of sections 141 to 149 of this Act;
(e) a State Wildlife Reserve or a Nature Reserve within the meaning of the Wildlife Act 1975 .
(2) The centre of a bee site licence area must not be located on, or within 800 metres of, any of the following land—
(a) a wilderness park described in Schedule Two A to the National Parks Act 1975 ;
(b) a wilderness zone described in Schedule Five to the National Parks Act 1975 ;
(c) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 ;
(d) a reference area proclaimed under the Reference Areas Act 1978 ;
(e) land which is the subject of a recommendation made by the Victorian Environmental Assessment Council, the former Environment Conservation Council or the former Land Conservation Council—
(i) that the land be a reference area under the Reference Areas Act 1978 ; and
(ii) that has been wholly accepted by Government, or partly accepted if that partial acceptance includes the recommendation that the land be a reference area.
144 Fees to be determined by Minister
(1) The Minister may determine any fee payable for the grant of a bee site licence.
(2) The Minister must publish a determination under subsection (1) in the Government Gazette.
(3) The Minister may waive, reduce or refund, in whole or in part, any fee determined under subsection (1).
(4) The Consolidated Fund is by this subsection appropriated to the necessary extent to pay any refund under subsection (3).
(5) A power conferred by subsection (1) to make a determination relating to fees payable for the grant of a bee site licence may be exercised by providing for any or all of the following matters—
(a) specific fees;
(b) fees that vary according to the area or term of the bee site licence to which they apply;
(c) the manner of payment of fees, including the payment of fees by instalment;
(d) the time at which, or by which, fees are to be paid.
145 Conditions relating to access to a bee site licence area
(1) The Minister may determine terms and conditions relating to a bee site licensee's access to a bee site licence area over land referred to in section 143(1).
(2) Any terms and conditions determined by the Minister under this section apply in addition to any conditions or restrictions imposed under any Act or subordinate instrument regulating—
(a) the land on which the bee site licence area is located; and
(b) the land over which access to the bee site licence area is granted.
(3) Before determining any terms and conditions under subsection (1) in relation to access over land that is not unreserved Crown land under this Act, the Minister must obtain the consent of the Minister responsible for the Act under which that land is controlled and managed.
146 Transfer of bee site licence
(1) A bee site licensee may apply to the Minister for approval to transfer a bee site licence to another person.
(2) An application under subsection (1) must—
(a) be made in the prescribed form (if any); and
(b) be accompanied by the prescribed fee (if any).
(3) The Minister may—
(a) approve the transfer of the bee site licence; or
(b) refuse to approve the transfer of the licence; or
(c) approve the transfer of the licence subject to conditions determined by the Minister.
147 Process on expiry of current bee site licence
(1) Before the expiry of a current bee site licence, the Minister, by notice, may offer the bee site licensee a new bee site licence in respect of more or less the same bee site licence area.
(2) The Minister may specify the following in a notice under subsection (1)—
(a) the bee site licence fee; and
(b) any changes to the terms and conditions of the new bee site licence determined in accordance with subsection (3); and
(c) the commencement date for the new bee site licence.
(3) A new bee site licence offered under this section is subject to the same terms and conditions as the current bee site licence, unless the Minister imposes, varies or revokes any terms or conditions that the Minister thinks fit.
(4) If the bee site licensee pays the bee site licence fee for the new bee site licence on or before the expiry of the current bee site licence, a new bee site licence is taken to have been granted under section 142 on the commencement date specified in the notice under subsection (1).
(5) The new bee site licence referred to in subsection (4) remains in force for the period in respect of which the licence fee is paid.
(6) A yearly invoice for payment of a bee site licence fee that has been apportioned as an annual sum does not constitute a notice under subsection (1).
148 Application of presumption of bee site licence
(1) Section 147 has effect—
(a) despite anything to the contrary in this Subdivision or any corresponding previous enactment; and
(b) despite a licensee not applying for a new bee site licence.
(2) Section 147 does not—
(a) relieve a bee site licensee from liability for contravention of a bee site licence; or
(b) prevent the grant of a new bee site licence under section 142 to that licensee.
(3) Section 147 applies even if a bee site licence has been lost, if it appears from records kept by the Secretary that the bee site licence was originally granted.
149 Offences
(1) A person must not use or occupy land referred to in section 143(1) for a purpose relating to apiculture unless authorised to do so under any of the following—
(a) a bee site licence;
(b) a licence or right referred to in section 417, 418 or 419;
(c) a licence granted under section 17 or 17B of the Crown Land (Reserves) Act 1978 —
(i) by a trustee or a committee of management (other than Parks Victoria); or
(ii) by Parks Victoria as committee of management or the Secretary, which is continued in force by section 17I of that Act;
(d) a licence or permit granted under section 52(1) of the Forests Act 1958 which is continued in force by section 104 of that Act;
(e) a permit granted under section 21(1)(b) of the National Parks Act 1975 which is continued in force by clause 26 of Schedule One AA to that Act;
(f) a licence granted under section 16(2)(a) of the Wildlife Act 1975 which is continued in force by section 106 of that Act.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2) A person must not use or occupy the following land for a purpose relating to apiculture—
(a) a wilderness park described in Schedule Two A to the National Parks Act 1975 ;
(b) a wilderness zone described in Schedule Five to the National Parks Act 1975 ;
(c) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 ;
(d) a reference area proclaimed under the Reference Areas Act 1978 ;
(e) land which is the subject of a recommendation made by the Victorian Environmental Assessment Council, the former Environment Conservation Council or the former Land Conservation Council—
(i) recommending that the land be a reference area under the Reference Areas Act 1978 ; and
(ii) that has been wholly accepted by Government, or partly accepted if that partial acceptance includes the recommendation that the land be a reference area.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) A bee site licensee must not use or occupy land referred to in section 143(1) in a manner that contravenes the licensee's bee site licence.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(4) In this section, a person uses or occupies land for a purpose relating to apiculture if—
(a) the person places or keeps hives on the land; or
(b) the person permits the person's bees to forage over the land for nectar or pollen.".