Parks and Crown Land Legislation
Amendment Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM1
General
In summary, the Bill amends several Acts relating predominantly to Crown
land to—

provide for the creation of Hepburn Regional Park and Kerang
State Game Reserve and additions to four existing parks;

provide for national surfing reserves;

provide for the revocation of several permanent Crown land
reservations;

provide for new licensing arrangements relating to bee site
licences on certain Crown land;

make amendments relating to Codes of Practice under the
Conservation, Forests and Lands Act 1987; and

make miscellaneous amendments to several Acts.
Clause Notes
PART 1—PRELIMINARY
Clause 1
571488
sets out the purposes of the Bill. The main purposes of the Bill
are to amend the Coastal Management Act 1995, the
Conservation, Forests and Lands Act 1987, the Crown Land
(Reserves) Act 1978, the Land Act 1958, the Land
Conservation (Vehicle Control) Act 1972, the Mineral
Resources (Sustainable Development) Act 1990, the National
Parks Act 1975, the Owner Drivers and Forestry Contractors
Act 2005 and the Sustainable Forests (Timber) Act 2004.
1
17/9/2014
Clause 2
is the commencement provision, which provides that the Bill,
except Part 4, comes into operation on the day after the day on
which the Bill receives the Royal Assent. If not proclaimed
earlier, Part 4 (which contains amendments to several Acts
relating to bee site licences) comes into operation on
30 September 2015.
PART 2—ESTABLISHMENT OF NATIONAL SURFING
RESERVES
Part 2 of the Bill amends the Coastal Management Act 1995 ("the Coastal
Management Act") and the Crown Land (Reserves) Act 1978 ("the CLR
Act") to provide for national surfing reserves. The purpose of declaring a
national surfing reserve is to highlight significant and iconic surfing locations
in Victoria.
Under the new provisions, a national surfing reserve may be designated under
the Coastal Management Act over Crown land without changing the
underlying status of the land. Alternatively, a national surfing reserve can be
reserved in its own right under the CLR Act.
Division 1—Coastal Management Act 1995
Division 1 of Part 2 of the Bill contains clauses 3 to 6 which amend the
Coastal Management Act.
Clause 3
amends section 3 of the Coastal Management Act by updating the
name of the former Department of Natural Resources and
Environment to the Department of Environment and Primary
Industries in the definition of Crown land and by inserting a
definition of national surfing reserve declaration.
Clause 4
amends section 4 of the Coastal Management Act by inserting an
additional objective into that Act. The new objective relates to
recognising the significance of an area to surfing by declaring the
area as a national surfing reserve.
Clause 5
amends section 38(2) of the Coastal Management Act by
updating the name of the former Department of Natural
Resources and Environment to the Department of Environment
and Primary Industries.
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Clause 6
inserts a new Division 5 into Part 3 (Coastal Planning) of the
Coastal Management Act. The new Division 5 contains new
sections 40A and 40B, which relate to the declaration of national
surfing reserves.
New section 40A enables the Minister to declare, by notice
published in the Government Gazette, an area of Crown land to
be a national surfing reserve. The new section also sets out those
types of Crown land that may be subject to a declaration and
provides that a single declaration may extend across several
Crown land types. The land categories are—

coastal Crown land as defined in the Coastal
Management Act—this includes a variety of different
types of Crown land, including Crown land within
200 metres of the coastline as well as the sea-bed of the
coastal waters of Victoria;

unreserved Crown land under the Land Act 1958—
this means that the water over the unreserved seabed of
the coastal waters of Victoria can be included in the
land which is declared a national surfing reserve under
the Coastal Management Act;

a park within the meaning of the National Parks Act
1975;

a State Wildlife Reserve within the meaning of
section 15 of the Wildlife Act 1975.
New section 40B provides that a national surfing reserve
declaration under section 40A does not affect the existing status,
control or management, or any existing duties, obligations, rights
or powers associated with the land to which the declaration
applies. The new section also provides that a national surfing
reserve declaration does not prevent changing the status or the
management of the land to which the declaration applies (in that
circumstance, the national surfing reserve would continue).
The purpose of new section 40B is to ensure that the existing
status and management of the land is not impacted by the
declaration. This ensures continuity in land use and management
and enables a national surfing reserve declaration to extend
across multiple land categories where it might not be appropriate
to alter the underlying statuses of the land.
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Division 2—Crown Land (Reserves) Act 1978
Division 2 of Part 2 of the Bill contains clause 7 which amends the CLR Act.
Clause 7
amends section 4(1) of the CLR Act by inserting an additional
purpose for which Crown land may be reserved under that Act,
this being for the purposes of national surfing reserves.
This enables a national surfing reserve to be established as a
reserve in its own right and for it to be managed under the CLR
Act, including the appointment of a committee of management,
where this is considered appropriate.
PART 3—RESERVATION OF LAND AND REVOCATION
OF RESERVATIONS UNDER CROWN LAND (RESERVES)
ACT 1978
Part 3 of the Bill contains clauses 8 to 16 which amend the Crown Land
(Reserves) Act 1978 ("the CLR Act") in relation to several areas of Crown
land.
Clause 8
amends section 17AB(8) of the CLR Act by updating the name of
the former Department of Sustainability and Environment to the
Department of Environment and Primary Industries.
Clause 9
inserts new Part 7 in the CLR Act. The new Part 7, which
contains new sections 71 to 76, provides for the revocation of
parts or all of several permanent Crown land reservations.
New section 71 relates to land (0.1 ha) at Ballarat North forming
part of the North Ballarat Football Ground.
New section 71(1) revokes the specified Order in Council to the
extent that it applies to the specified land. This has the effect of
revoking a permanent reservation over land currently reserved for
show yards and public recreation.
New section 71(2) sets out the consequences of revoking the
permanent reservation. Upon revocation, the land is taken to be
unalienated land of the Crown, and the appointment of any
committee of management and any regulations made under the
CLR Act are revoked to the extent that they apply to that land.
New section 71(3) provides that nothing in section 71 affects the
specified lease and licence.
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New section 72 relates to land (2 ha) forming part of Caulfield
Park.
New section 72(1) revokes the specified Order in Council.
This has the effect of revoking a permanent reservation over land
currently reserved for public purposes (swimming pool, other
associated facilities and car park).
New section 72(2) sets out the consequences of revoking the
permanent reservation. Upon revocation, the land is taken to be
unalienated land of the Crown, and the appointment of any
committee of management and any regulations made under the
CLR Act are revoked to the extent that they apply to that land.
New section 72(3) provides that, upon revocation of the
permanent reservation, the land is taken to be temporarily
reserved under the CLR Act for public purposes, in particular for
the purposes of a public park, gardens and recreation, and the
Glen Eira City Council is taken to be the committee of
management of that land.
New section 73 relates to land (0.2 ha) near Waaia.
New section 73(1) revokes the specified Order in Council to the
extent that it applies to the specified land. This has the effect of
revoking a permanent reservation over land currently reserved for
public purposes.
New section 73(2) sets out the consequences of revoking the
permanent reservation. Upon revocation, the land is taken to be
unalienated land of the Crown, and the appointment of any
committee of management and any regulations made under the
CLR Act are revoked to the extent that they apply to that land.
New section 74 relates to land (1034 ha) forming the former
Mallee Research Station at Walpeup.
New section 74(1) revokes three specified Orders in Council.
This has the effect of revoking permanent reservations over areas
of land currently reserved for an experimental farm.
New section 74(2) sets out the consequences of revoking the
permanent reservations. Upon revocation, the land is taken to be
unalienated land of the Crown, and the appointment of any
committee of management and any regulations made under the
CLR Act are revoked to the extent that they apply to that land.
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New section 74(3) provides that, upon revocation of the
permanent reservation, the land is taken to be temporarily
reserved for public purposes under the CLR Act, and the Primary
Industries Committee of Management Incorporated is taken to be
the committee of management of that land.
New section 75 relates to land (0.2 ha) at Wedderburn.
New section 75(1) revokes the specified Order in Council.
This has the effect of revoking a permanent reservation over land
currently reserved for a mechanics institute.
New section 75(2) revokes the specified Crown grant.
New section 75(3) sets out the consequences of revoking the
permanent reservation and the Crown grant. Upon revocation,
the land is taken to be unalienated land of the Crown, and the
appointment of any committee of management and any
regulations made under the CLR Act are revoked to the extent
that they apply to that land.
New section 75(4) provides that, upon revocation of the
permanent reservation, the land is taken to be temporarily
reserved under the CLR Act for public purposes, and the Loddon
Shire Council is taken to be the committee of management of that
land.
New section 76 requires the Registrar of Titles to make any
recordings in or amendments to the Register kept under the
Transfer of Land Act 1958 that are necessary because of the
operation of any provision of new Part 7 of the CLR Act.
Clause 10 repeals Part 3 and clause 8 of the Second Schedule (Transitional
Provisions) to the CLR Act. Part 3 and clause 8 contain spent
transitional provisions relating to additions in 2010 and 2012 to
Macedon Regional Park and Otway Forest Park respectively.
Clause 11 inserts new Part 5 into the Second Schedule of the CLR Act.
The new Part 5 contains new clauses 9 to 11, which relate to the
creation of Hepburn Regional Park and Kerang Wildlife Reserve
(Kerang State Game Reserve).
New clause 9 of the Second Schedule contains the definitions of
Hepburn Regional Park land and Kerang Wildlife Reserve land.
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New clause 10 relates to the Hepburn Regional Park land, which
will form Hepburn Regional Park (see clause 13 of the Bill).
New clause 10(1) sets out the consequences of creating Hepburn
Regional Park. Upon creation of the park, any reservation over
the land is revoked, the appointment of any committee of
management and any regulations made under the CLR Act are
revoked to the extent that they apply to that land, the land is
taken to be unalienated land of the Crown, and any government
road shown delineated and coloured yellow on the specified plan
ceases to be a road.
New clause 10(2) provides that any licence, permit or other
authority granted or issued under the specified Acts existing
immediately before the creation of the park continues.
New clause 11 of the Second Schedule relates to the Kerang
Wildlife Reserve land, which will form Kerang Wildlife Reserve
(see clause 14 of the Bill).
New clause 11(1) sets out the consequences of creating Kerang
Wildlife Reserve. Upon creation of the reserve, any reservation
over the land is revoked, the appointment of any committee of
management and any regulations made under the CLR Act are
revoked to the extent that they apply to that land, the land is
taken to be unalienated land of the Crown, and any government
road shown delineated and coloured yellow on the specified plan
ceases to be a road.
New clause 11(2)(a) provides that any licence, permit or other
authority granted or issued under the specified Acts existing
immediately before the creation of the reserve continues.
New clause 11(2)(b) provides that the Lower Murray Urban and
Rural Water Corporation may continue to discharge treated
wastewater into part of the Kerang Wildlife Reserve if the
discharge occurs in accordance with the existing licence
(as amended from time to time) or any future licence
(as amended from time to time) granted under section 20 of the
Environment Protection Act 1970 and the provisions of that
Act. This recognises a continuing use associated with the Kerang
Wastewater Treatment Plant.
New clause 11(3) provides that the Kerang Wildlife Reserve land
is taken to be classified as a State Game Reserve under the
Wildlife Act 1975.
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Clause 12 amends the Fifth Schedule to the CLR Act by amending the
description of Macedon Regional Park contained in Division 3 of
Part 4A (Regional Parks) of the Schedule. This reflects the
addition of 5 hectares to that park.
Clause 13 amends the Fifth Schedule to the CLR Act by inserting the
description of Hepburn Regional Park (3125 ha) in a new
Division 6 of Part 4A (Regional Parks) of that Schedule.
Clause 14 amends the Fifth Schedule to the CLR Act by inserting the
description of Kerang Wildlife Reserve (755 ha) in a new
Division 4 of Part 5 (Miscellaneous Reserves) of that Schedule.
Clause 15 amends the Fifth Schedule to the CLR Act by substituting new
numbers of the plans which define Otway Forest Park in
Division 1 of Part 7 (Forest Parks) of that Schedule. The new
plans show the correct names of the counties in which different
parts of the park are located.
Clause 16 inserts a new Sixth Schedule into the CLR Act. The new Sixth
Schedule contains Items 1 to 7, which contain the descriptions of
the Orders in Council permanently reserving various areas of
land and the Crown grant that the Bill revokes and the
descriptions of land which the Bill will temporarily reserve
(see clause 9—new sections 71 to 75 of the CLR Act).
Item 1 relates to the permanent reservation over land at Ballarat
North that new section 71(1) revokes.
Item 2 relates to the permanent reservation over land at Caulfield
that new section 72(1) revokes.
Item 3 relates to the permanent reservation over land near Waaia
that new section 73(1) revokes.
Items 4, 5 and 6 relate to permanent reservations over land at
Walpeup that new section 74(1) revokes.
Item 7 relates to the permanent reservation and the Crown grant
over land at Wedderburn that new section 75(1) revokes.
PART 4—BEE SITE LICENCES AMENDMENTS
Part 4 of the Bill contains Divisions 1 to 6 which amend the Land Act 1958
("the Land Act") and make consequential amendments to several other Acts
in relation to bee site licences.
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Division 1—Land Act 1958
Division 1 contains clauses 17 to 21 which amend the Land Act to insert a set
of uniform licensing provisions applying to bee sites on particular categories
of Crown land. The purpose of the new provisions is to provide a uniform
and consistent approach to the granting and administration of bee site
licences over Crown land managed by the Department of Environment and
Primary Industries or Parks Victoria (either by agreement with the Secretary
to the Department of Environment and Primary Industries or the Minister, or
as a committee of management).
Clause 17 amends section 3(1) of the Land Act by inserting definitions of
bee site licence, bee site licence area and bee site licensee.
Clause 18 substitutes the heading preceding section 141 of the Land Act to
refer to bee site licences instead of bee farm licences.
Clause 19 substitutes sections 141 to 149 of the Land Act. The existing
sections provide for various licences and rights relating to
apiculture.
New section 141 provides for the Minister to grant bee site
licences.
New section 141(1) provides that the Minister may grant a bee
site licence over certain Crown land for a term not exceeding
10 years.
New section 141(2) provides that a bee site licence area must not
extend beyond 800 metres from the centre of the bee site licence
area unless the person to whom the bee site licence is granted
holds a bee range area licence under existing section 147 of the
Land Act immediately before the commencement of the new bee
site licensing provisions and that licence covers an area which
extends beyond 800 metres from the centre of the bee range area.
New section 141(2) is a transitional arrangement which
recognises that a bee range area licence granted under existing
section 147 extends over an area within 1.6 kilometres of the
centre of the bee range area. This enables the new licensing
regime to apply to the currently licensed areas.
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New section 141(3) provides that a bee site licence is subject to
the payment of any fees determined by the Minister under new
section 143.
New section 141(4) provides that a bee site licence is subject to
any terms and conditions determined by the Minister which are
specified in the licence. The terms and conditions may include,
for example, the location of hives and other structures, the use of
fire and chemicals, specifications regarding access to and egress
from the site, restrictions on the use of the site and the need to
comply with any relevant codes and matters relating to the
resumption of a bee site licence area by the Minister.
New section 141(5) provides that, before granting a bee site
licence, the Minister (responsible for administering the Land Act)
must consult with the Minister responsible for the Act under
which the land on which the bee site licence area is located is
controlled and managed, if the land is not unreserved Crown land
under the Land Act. In practice, this will occur through
delegation of those responsibilities to appropriate government
employees.
New section 142 sets out the categories of Crown land or other
land over which a bee site licence may, or must not, be granted.
New section 142(1) sets out the categories of land over which a
bee site licence may be granted other than land specified in
paragraphs (a) to (d) of new section 142(2).
The categories set out in new section 142(1) include—unreserved
Crown land under the Land Act, Crown land reserved under the
Crown Land (Reserves) Act 1978 except land that is managed
by a trustee or a committee of management (other than Parks
Victoria), reserved forest within the meaning of the Forests Act
1958, a park within the meaning of the National Parks Act 1975
("the National Parks Act") and a State Wildlife Reserve or a
Nature Reserve within the meaning of the Wildlife Act 1975.
A bee site licence may also be granted over land vested in the
Trust for Nature, or vested in or managed by a public authority,
or leased by the Minister responsible for administering the
National Parks Act and which is managed under section 19A,
19C or 19E of that Act as if the land were a park. A bee site
licence may only be granted over such land if the relevant
agreement or lease specifies that the new bee site licensing
provisions apply to that land. Currently the provision of the
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National Parks Act under which an apiary right may be granted
over a park (section 21(1)(b)—which is to be repealed) is one of
the provisions which can apply, by agreement, to land subject to
section 19A, 19C or 19E.
A bee site licence may also be granted over land which is
specified in Schedule Four to the National Parks Act if the
Governor in Council specifies that sections 141 to 148 of the
Land Act apply to that land.
Section 142(2) specifies that the centre of a bee site licence must
not be located on or within 800 metres of the following
categories of Crown land specified in paragraphs (a) to (d)—
wilderness parks and wilderness zones (as described in the
National Parks Act), natural catchment areas (as described in the
Heritage Rivers Act 1992) and reference areas proclaimed under
the Reference Areas Act 1978.
New section 143 provides for fees payable under a bee site
licence.
New section 143(1) provides that the Minister may determine any
fee payable under a bee site licence.
New section 143(2) provides that the Minister must cause notice
of a determination made under new section 143(1) to be
published in the Government Gazette.
New section 143(3) provides that the Minister may waive, reduce
or refund, in whole or in part, any fee determined under new
section 143(1). This enables the Minister to exercise discretion
in the imposition of fees in particular circumstances—for
example, if the Minister resumes the bee site licence area or
considers it appropriate to provide a discount.
New section 144 provides that the Minister may cancel a bee site
licence if the Minister reasonably believes that a bee site licensee
has contravened a provision of the Land Act, a provision of any
other Act regulating the land on which the bee site licence area is
located, or a term or condition of the bee site licence.
New section 145 relates to access to a bee site licence area across
land referred to in new section 142(1). This is the land described
in paragraphs (a) to (e) of new section 142(1) excluding the land
described in paragraphs (a) to (d) of new section 142(2).
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New section 145(1) provides that the Minister may determine
terms and conditions relating to access by a bee site licensee to a
bee site licence area across land which is not part of the bee site
licence area. This enables the bee site licence to include
conditions concerning appropriate access and egress, even if the
land over which the licensee must pass is managed and controlled
under an Act other than the Land Act.
New section 145(2) provides that the terms and conditions
determined under new section 145(1) are in addition to any
conditions or restrictions imposed under any legislation
regulating the land over which access is granted or the land on
which the bee site licence area is located.
New section 145(3) provides that, before determining the terms
and conditions under section 145(1), the Minister (responsible for
administering the Land Act) must consult with the Minister
responsible for the land over which access to the bee site licence
area is required if the land is not unreserved Crown land under
the Land Act. In practice, this will occur through delegation of
those responsibilities to appropriate government employees.
New section 146 provides for the granting of a new bee site
licence on or before the expiry of an existing bee site licence.
It provides a streamlined approach to the granting of a new
licence to the holder of a bee site licence on or before its expiry.
New section 146(1) provides that, on or before the expiry of a
bee site licence, the Minister may send a notice to the bee site
licensee offering a new bee site licence for the same bee site
licence area and specifying the licence fee to be paid for the new
licence.
New section 146(2) provides that the Minister may vary the
existing terms and conditions of the licence in a notice issued
under new section 146(1). This enables any appropriate changes
to be made to the terms and conditions applying to a bee site
licence.
New section 146(3) provides that, on the bee site licensee paying
the specified licence fee, a new bee site licence is taken to have
been granted under new section 141.
New section 146(4) provides that a bee site licence referred to in
new section 146(3) remains in force for the period in respect of
which the licence fee is paid, is subject to the same terms and
12
conditions as originally applied (unless varied by the Minister
under new section 146(2)), and is subject to the Land Act and any
regulations applying to the bee site licence.
New section 146(5) provides that a yearly invoice for payment of
a licence fee that has been apportioned as an annual sum does not
constitute a notice under new section 146(1). This clarifies that a
notice seeking payment of an annual fee is not an offer of a new
licence; the offer of a new licence can only occur as an explicit
offer by the Minister under section 146(1).
New section 147(1) provides that the presumption of a new bee
site licence under new section 146 applies despite anything to the
contrary in Division 9 of Part 1 of the Land Act or any
corresponding previous enactment, and despite a licensee not
applying for a new bee site licence. This provides certainty that
the new licence may be offered despite anything to the contrary
in Division 9 of Part 1 of the Land Act (or previous enactments)
and despite the existing licence holder not applying for the new
licence.
New section 147(2) provides that the offer of a new licence under
new section 146 does not relieve a bee site licensee from liability
for contravention of a bee site licence (including its terms and
conditions) or prevent the grant of a new bee site licence under
new section 141. This means that, if a new licence has been
offered by the Minster and it has been accepted by the bee site
licensee, this does not validate any earlier contravention or
prevent a new licence from being granted directly under new
section 141.
New section 147(3) provides that, if a bee site licensee has lost
his or her bee site licence but the records kept by the Secretary to
the Department of Environment and Primary Industries appear to
show that a licence was granted, new section 146 will still apply.
This means that a bee site licensee who has lost a licence is not
excluded from the new streamlined administrative process for
issuing new bee site licences to existing licence holders.
New section 148 contains three new offences relating to the
unlawful use of particular land for a purpose relating to
apiculture. The offences support the new licensing regime by
encouraging those undertaking activities relating to apiculture on
Crown land to do so under and in accordance with a bee site
licence and in appropriate locations.
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New section 148(1) provides that it is an offence to place hives
on, use or occupy land, as specified in new section 142(1), for a
purpose relating to apiculture without being appropriately
licensed or authorised under one of the specified licences, rights
or permits.
New section 148(2) provides that it is an offence to place hives
on, use or occupy wilderness parks and wilderness zones
(as described in the National Parks Act), natural catchment areas
(as described in the Heritage Rivers Act 1992) and reference
areas proclaimed under the Reference Areas Act 1978, for a
purpose relating to apiculture.
New section 148(3) provides that it is an offence for a bee site
licensee to use or occupy land where apiculture is permitted
under the Land Act in contravention of the bee site licence.
New section 149 provides for the possible resumption of
land that is held under an agricultural licence granted under
section 130 of the Land Act if it is proposed to locate a bee site
licence area within the area subject to the agricultural licence.
New section 149(1) provides that the Governor in Council may
make an Order to resume land that forms part of an agricultural
licence. This enables land subject to the agricultural licence to be
resumed if the Minister considers that an area of land is required
solely for a bee site licence (e.g. to facilitate access to limited
floral resources).
New section 149(2) provides that, on the making of an Order
under new section 149(1), the Minister may resume possession of
the land once the prospective bee site licensee has paid any
moneys payable by the Crown in respect of that resumption
(e.g. the reimbursement of fees to the agricultural licensee).
Clause 20 inserts new sections 416A, 416B and 416C into the Land Act.
The new sections are transitional provisions associated with
continuing existing rights relating to apiculture under existing
sections 141, 144 and 147 of the Land Act, notwithstanding the
introduction of the new bee site licensing provisions and the
substitution of existing sections 141, 144 and 147 (see clause 19).
New section 416A(1) provides that section 416A applies if a
person holds a bee farm licence granted under existing
section 141 of the Land Act or a bee range area licence granted
under existing section 147 of that Act that is in force immediately
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before the commencement of the new bee site licensing
provisions.
New section 416A(2) provides that a bee farm licence or a bee
range area licence referred to in new section 416A(1) continues
in force on and after the repeal of existing sections 141 and 147
until the earliest of the following occurs—the licence expires, the
licence is cancelled or a bee site licence is granted under new
section 141 to the holder of the bee farm licence or the bee range
area licence. This provides for the transition of existing licences
to the new bee site licensing regime without the loss of any
existing rights or obligations.
New section 416B is a transitional provision relating to the
holder of an agricultural licence (which is granted under
section 130 of the Land Act) who kept hives on the licensed land
immediately before the commencement of the new bee site
licensing provisions. This ensures that, on and after the repeal of
existing section 144 of the Land Act, the licensee may continue
to keep up to ten hives on that land until the expiry of the
agricultural licence, without holding a bee site licence.
New section 416C is a transitional provision relating to existing
apiary occupation rights under existing section 149 of the Land
Act. The new section ensures that those occupation rights
continue in force on and after the commencement of the new bee
site licensing provisions until the earliest of the following
occurs—the right expires, the right is cancelled or a bee site
licence is granted under new section 141 to the holder of the right
in respect of the same land over which the right was granted.
Clause 21 inserts new subsection (2) at the end of section 188 of the Land
Act. Existing section 188 relates to the unauthorised occupation
of any Crown land. New section 188(2) provides that section
188 does not apply to the unauthorised occupation of Crown land
for a purpose relating to apiculture. In those circumstances, the
new offence provisions of new section 148 of the Land Act will
apply.
Division 2—Crown Land (Reserves) Act 1978
Division 2 contains clause 22 which makes consequential amendments to the
Crown Land (Reserves) Act 1978 ("the CLR Act") as a result of the
amendments to the Land Act relating to bee site licences.
15
Clause 22 inserts new sections 17H and 17I into the CLR Act.
New section 17H clarifies that, after the commencement of the
new bee site licensing provisions of the Land Act, a licence under
section 17 or 17B of the CLR Act relating to apiculture may only
be granted by a trustee or a committee of management other than
Parks Victoria. For land managed by the Department of
Environment and Primary Industries or Parks Victoria (either by
agreement with the Secretary to the Department of Environment
and Primary Industries or as a committee of management),
licences relating to apiculture may be granted under the new bee
site licensing provisions of the Land Act. The note under new
section 17H refers to the new bee site licensing provisions of the
Land Act.
New section 17I is a transitional provision which applies to
certain licences granted under section 17 or 17B of the CLR Act.
New section 17I(1) continues, after the commencement of the
new bee site licensing provisions of the Land Act, any licence
granted under sections 17 or 17B of the CLR Act for a purpose
relating to apiculture and existing immediately before the
commencement of the new licensing provisions. The provision
ensures that the rights under the licence continue in force until
the earliest of the following occurs—the licence expires, the
licence is cancelled or a new bee site licence under new
section 141 of the Land Act is granted to the holder of the licence
in respect of the same land over which the licence was granted.
New section 17I(2) defines what a purpose relating to apiculture
means for the purposes of new section 17I(1).
Division 3—Forests Act 1958
Division 3 contains clauses 23 to 27 which make consequential amendments
to the Forests Act 1958 ("the Forests Act") as a result of the amendments to
the Land Act relating to bee site licences.
Clause 23 amends section 3(1) of the Forests Act by inserting definitions of
bee site licence area and bee site licensee. It also amends the
definition of forest produce by removing honey and beeswax
from the definition and correspondingly inserting nectar, honey
and beeswax in the list of items which are excluded from the
definition of forest produce.
16
Clause 24 amends section 42 of the Forests Act by inserting new
subsection (4B) and making a consequential amendment to
section 42(4). Section 42(4) provides that, with some exceptions,
a licence cannot be granted over an area of reserved forest except
under the Forests Act. New subsection (4B) provides that this
restriction does not apply to the granting of a bee site licence
under the Land Act over reserved forest.
Clause 25 amends section 52(1A)(i) of the Forests Act so that a licence or
permit cannot be granted under section 52 for a purpose for
which a bee site licence may be granted under the Land Act.
Existing paragraph (i) enables a licence to be granted under
section 52 for various non-agricultural purposes for which a
licence may be granted under the Land Act (including relating to
apiculture). The amendment to paragraph (i) clarifies that this
does not apply to a purpose relating to apiculture (a licence for
that purpose over reserved forest may only be granted under the
Land Act).
Clause 26 amends section 79 of the Forests Act by inserting new
subsection (1A). Existing section 79(1) enables an authorised
officer to give directions relating to the movement of forest
produce or timber resources through a forest. New subsection
(1A) enables an authorised officer to give a bee site licensee
directions regarding access to a bee site licence area.
Clause 27 inserts new section 104 into the Forests Act. New section 104 is
a transitional provision which applies to certain licences or
permits granted under section 52(1) of the Forests Act.
New section 104(1) continues, after the commencement of the
new bee site licensing provisions of the Land Act, a licence or
permit granted under section 52 of the Forests Act for a purpose
relating to apiculture and existing immediately before the
commencement of the new licensing provisions. The provision
ensures that the rights under the licence or permit continue in
force until the earliest of the following occurs—the licence or
permit expires, the licence or permit is cancelled or a new bee
site licence under new section 141 of the Land Act is granted to
the holder of the licence or permit in respect of the same land
over which the licence or permit was granted.
New section 104(2) defines what a purpose relating to apiculture
means for the purposes of new section 104.
17
Division 4—Livestock Disease Control Act 1994
Division 4 contains clause 28 which makes consequential amendments to the
Livestock Disease Control Act 1994 ("the Livestock Act") as a result of the
amendments to the Land Act relating to bee site licences.
Clause 28 substitutes section 125(2) of the Livestock Act. Section 125
provides for the seizure and disposal of abandoned hives on
various categories of Crown land. Existing section 125(2)
describes the circumstances applying to land under different
Crown land Acts when hives can be deemed to be abandoned.
New section 125(2) updates the provision to reflect the
amendments resulting from the new bee site licensing provisions
of the Land Act.
Division 5—National Parks Act 1975
Division 5 contains clauses 29 to 36 which make consequential amendments
to the National Parks Act 1975 ("the National Parks Act") as a result of the
amendments to the Land Act relating to bee site licences.
Clause 29 amends section 19A(2A) of the National Parks Act.
The amendment enables the new bee site licensing provisions
of the Land Act to apply, by agreement, to land vested in the
Trust for Nature which, by agreement between the Trust and the
Minister responsible for the National Parks Act, is managed as
if it were part of a park under that Act.
Clause 30 amends section 19C(2) of the National Parks Act.
The amendment enables the new bee site licensing provisions
of the Land Act to apply, by agreement, to land vested in or
controlled or managed by a public authority which, by agreement
between the public authority and the Minister responsible for the
National Parks Act, is managed as if it were part of a park under
that Act.
Clause 31 amends section 19E(3) of the National Parks Act.
The amendment enables the new bee site licensing provisions
of the Land Act to apply, as specified in the lease, to land leased
by the Minister responsible for the National Parks Act and
managed as if it were part of a park under that Act.
18
Clause 32 amends section 19F(3) of the National Parks Act.
The amendment enables the new bee site licensing provisions
of the Land Act to apply to land described in Schedule Four to
the National Parks Act and which is managed as if it were a park.
Clause 33 repeals section 21(1)(b) of the National Parks Act.
Section 21(1)(b) provides for the granting of a permit to keep
an apiary in a park under the National Park Act (other than a
wilderness park or a wilderness zone).
Clause 34 amends section 43(2) of the National Park Act. Section 43
prohibits a person carrying out a trade or business in a park
unless it is authorised under a provision of the National Parks
Act or is authorised under section 43(2). Section 43(2) sets out
the trades or businesses authorised under other Acts which are
not prohibited in particular parks under the National Parks Act.
The amendment to section 43(2) inserts a reference to a trade or
business carried out in accordance with a bee site licence granted
under new section 141 of the Land Act.
Clause 35 inserts new clause 23 into Part 6 of Schedule One AA
(Transitional Provisions) to the National Parks Act.
New clause 23 is a transitional provision which applies to
certain apiary permits granted under section 21(1)(b) of the
National Parks Act.
New clause 23 continues, after the commencement of the new
bee site licensing provisions of the Land Act, an apiary permit
granted under section 21(1)(b) of the National Parks Act and
existing immediately before the commencement of the new
licensing provisions.
The provision ensures that the rights under the permit continue in
force until the earliest of the following occurs—the permit
expires, the permit is cancelled or a new bee site licence is
granted under new section 141 of the Land Act to the holder of
the permit in respect of the same land over which the permit was
granted.
Clause 36 amends Schedule Four to the National Parks Act by inserting
references to the specified new bee site licensing provisions of
the Land Act (in particular new sections 141 to 148) in the
provisions which apply to various land described in Schedule
Four.
19
Clause 36(1) amends Part 5 of Schedule Four relating to
Nooramunga Marine and Coastal Park.
Clause 36(2) amends Part 6 of Schedule Four relating to Deep
Lead Nature Conservation Reserve (No. 1).
Clause 36(3) amends Part 8 of Schedule Four relating to
Castlemaine Diggings National Heritage Park.
Division 6—Wildlife Act 1975
Division 6 contains clauses 37 and 38 which make consequential
amendments to the Wildlife Act 1975 ("the Wildlife Act") as a result of the
amendments to the Land Act relating to bee site licences.
Clause 37 amends section 16 of the Wildlife Act which provides for the
management of State Wildlife Reserves by the Secretary to
the Department of Environment and Primary Industries
("the Secretary").
Clause 37(1) amends section 16(2)(a) of the Wildlife Act so that
the Secretary cannot grant a licence for a purpose relating to
apiculture over a State Wildlife Reserve. A licence for a purpose
relating to apiculture in a State Wildlife Reserve may be granted
under the new bee site licensing provisions of the Land Act.
Clause 37(2) inserts new subsection (3) into section 16 of the
Wildlife Act. New subsection (3) defines what a purpose relating
to apiculture means for the purposes of section 16(2).
Clause 38 inserts new section 106 into the Wildlife Act. New section 106 is
a transitional provision which applies to certain licences granted
under section 16(2)(a) of the Wildlife Act.
New section 106(1) continues, after the commencement of the
new bee site licensing provisions of the Land Act, any licence or
permit granted under section 16(2)(a) of the Wildlife Act for a
purpose relating to apiculture and existing immediately before
the commencement of the new licensing provisions.
The provision ensures that the rights under the licence continue
in force until the earliest of the following occurs—the licence
expires, the licence is cancelled or a new bee site licence is
granted under new section 141 of the Land Act to the holder of
the licence in respect of the same land over which the licence was
granted.
20
New section 106(2) defines what a purpose relating to apiculture
means for the purposes of new section 106(1).
PART 5—NATIONAL PARKS ACT 1975 AMENDED
Part 5 of the Bill contains clauses 39 to 46 which amend the National Parks
Act 1975 ("the National Parks Act").
Clause 39 makes a technical amendment to section 19G(1) of the National
Parks Act so that the land (with some exceptions) over which the
Minister may grant a lease for particular purposes refers to any
park (as defined in the Act) or land that is described in Schedule
Four, and not by reference to the Schedules to the Act. Several
of the Schedules relate to repeals, transitional provisions and
native title and do not contain descriptions of land.
Clause 40 repeals clause 3 of Schedule One AAA (Transitional Provisions)
to the National Parks Act. Clause 3 is a spent transitional
provision associated with additions to Errinundra National Park
in 2010.
Clause 41 inserts new clause 10 into Schedule One A (Native Title Not
Affected) to the National Parks Act. New clause 10 states that
the amendments made to the National Parks Act by the Bill are
not intended to affect native title rights and interests other than
where they are affected or are authorised to be affected by or
under the Native Title Act 1993 of the Commonwealth.
Clause 42 amends clause 1 of Schedule One AA (Transitional Provisions)
of the National Parks Act by inserting definitions of 2014 Act and
2014 Act park commencement for the purposes of the
transitional provisions inserted into that schedule by clause 44.
Clause 43 repeals clauses 8, 10, 11, 13, 18 and 19 of Schedule One AA
(Transitional Provisions) to the National Parks Act. These are
spent transitional provisions associated with the creation of
various new park areas and other amendments in 2010, 2012,
2013 and 2014.
Clause 44 inserts new Part 6 at the end of Schedule One AA (Transitional
Provisions) to the National Parks Act. The new Part 6 contains
new clauses 21 and 22. Those clauses provide that the land
coloured yellow on the specified plans relating to Dandenong
Ranges and Murray-Sunset national parks cease to be a road on
the commencement of the relevant provision of this Bill.
21
Clause 45 amends Schedule Two (National Parks) to the National Parks Act
by altering the descriptions of four parks.
Clause 45(1) amends the description of Dandenong Ranges
National Park in Part 6 of Schedule Two. The amendments
reflect the addition of an unused government road (<0.01 ha),
corrections to the plotting of the park boundary and a
recalculation and rounding down of the area of the park.
Clause 45(2) amends the description of Great Otway National
Park in Part 31 of Schedule Two. The amendments reflect the
correction of county names shown on several of the plans of the
park, a correction to the plotting of low water mark along part of
the park boundary and a recalculation of the park area.
The increased area of the park (in hectares) results from
replotting the location of low water mark.
Clause 45(3) amends the description of Murray-Sunset National
Park in Part 38 of Schedule Two. The amendments reflect the
addition of two areas of purchased land (161 ha) and redundant
unmade government roads (21 ha) and a recalculation of the area
of the park (in hectares). This recalculation has led to an increase
in the area of the park that is greater than the actual additions.
Clause 46 amends the description of Cape Liptrap Coastal Park in Part 15
of Schedule Three (Other Parks) to the National Parks Act.
The amendments reflect the addition of 8 hectares of Crown land
located in the headwaters of Cooks Creek east of the Fish Creek–
Walkerville Road. The new park area has been rounded down.
PART 6—OTHER AMENDMENTS AND REPEAL
Part 6 of the Bill contains Divisions 1 to 5 which contain miscellaneous
amendments to five Acts, and Division 6, which repeals the amending Act.
Division 1—Conservation, Forests and Lands Act 1987
Division 1 contains clauses 47 to 51 which amend the Conservation, Forests
and Lands Act 1987 ("the CFL Act") in relation to any Code of Practice
("a Code") under that Act.
Clause 47 amends section 3(1) of the CFL Act by amending the name of the
department in which the Central Plan Office is located. This is
the Department of Transport, Planning and Local Infrastructure.
Clause 48 repeals sections 33 and 34 of the CFL Act.
22
Clause 49 repeals sections 35 and 36 of the CFL Act. Those provisions and
the provisions repealed by clause 48 relate to various matters
associated with the making of a Code under the CFL Act.
Clause 50 substitutes a new section 37 for existing section 37 of the CFL
Act.
New section 37 sets out what can be included in a Code.
This includes specifying the exemptions to the requirements of a
Code in respect of which a person may apply for and be granted
an exemption.
Clause 51 substitutes new sections 38 and 39 of the CFL Act.
New section 38 replaces the requirements in existing section 38
for making a Code and any incorporated documents publically
available with a requirement to publish this material on the
Department of Environment and Primary Industries' website.
New section 39 replaces the provisions in existing section 39
relating to compliance with a Code. In particular, it sets out
when a person must comply with a Code and when a person is
exempted from complying with a Code.
Division 2—Land Conservation (Vehicle Control) Act 1972
Division 2 contains clauses 52 to 55 which amend the Land Conservation
(Vehicle Control) Act 1972 ("the Vehicle Control Act").
Clause 52 amends section 2 of the Vehicle Control Act by inserting a
definition of authorised officer and by repealing a redundant
item in the definition of public land which refers to land under
the management and control of Melbourne Parks and Waterways.
Melbourne Parks and Waterways was abolished in 2001.
Clause 53 amends section 3(2) of the Vehicle Control Act by substituting
20 penalty units for $500 as the maximum penalty for an offence
under the regulations made under that Act. The maximum
penalty has not changed since 1972. Clause 52 also amends
section 3(2) to provide that regulations made under the Vehicle
Control Act may confer discretions or powers or impose duties
on any specified person or specified class of persons.
Clause 54 amends section 4 of the Vehicle Control Act by updating the
references to the authorised officers who can bring proceedings
against any breach of the regulations under the Act. This means
23
that any authorised officer will be able to bring proceedings in
relation to an offence on any public land. Section 4(d), which
refers to authorised officers under the National Parks Act, is
redundant because authorised officers are now appointed under
the CFL Act and not the National Parks Act.
Clause 55 amends section 5(5) of the Vehicle Control Act by substituting
20 penalty units for $500 as the maximum penalty for an offence
contained in that section relating to erosion hazard areas.
Division 3—Mineral Resources (Sustainable Development)
Act 1990
Division 3 contains clauses 56 and 57 which amend Schedule 3 to the
Mineral Resources (Sustainable Development) Act 1990 ("the MRSD
Act"). Schedule 3 specifies the land which is restricted Crown land.
Restricted Crown land is land on which particular earth resource activities
require the consent of the Minister responsible for the Act under which the
land is controlled and managed.
Clause 56 amends clause 4BA of Schedule 3 to the MRSD Act by inserting
a reference to Hepburn Regional Park in the description of
restricted Crown land.
Clause 57 inserts a new clause 4BB, containing a reference to Kerang
Wildlife Reserve (Kerang State Game Reserve), into the
description of restricted Crown land in Schedule 3 to the MRSD
Act.
Division 4—Owner Drivers and Forestry Contractors Act 2005
Division 4 contains clauses 58 and 59 which amend the Owner Drivers and
Forestry Contractors Act 2005 ("the Owner Drivers Act").
Clause 58 amends section 56 of the Owner Drivers Act which relates to the
membership of the Transport Industry Council.
Clause 58(1) amends section 56(2) of the Owner Drivers Act to
allow the responsible Minister to call for a further nomination for
appointment to the Transport Industry Council from an
alternative body if one is selected under section 56(2A).
Clause 58(2) inserts new subsections (2A), (2B) and (2C) into
section 56. This provides a facilitative mechanism for
appointment to the Transport Industry Council and publication of
24
an appointment in the event that a nominating body ceases to
exist.
New subsection (2A) empowers the responsible Minister to select
an alternative representative body, call for a nomination from that
alternative body and appoint a person nominated by the
alternative body to the Transport Industry Council.
New subsection (2B) provides that the name of the alternative
nominating body selected must be published in the Government
Gazette, together with the name of the former nominating body to
the Transport Industry Council.
New subsection (2C) clarifies that the notice need only be
published once when an alternative nominating body is selected,
and not each time the alternative nominating body puts forward a
nomination for appointment.
Clause 59 amends section 59 of the Owner Drivers Act. Section 59 relates
to the membership of the Forestry Industry Council.
Clause 59(1) amends section 59(1) of the Owner Drivers Act to
update the names of three bodies currently represented on the
Forestry Industry Council, reflecting changes that have occurred
in those bodies.
Clause 59(2) amends section 59(2) of the Owner Drivers Act to
allow the responsible Minister to call for a further nomination for
appointment to the Forestry Industry Council from an alternative
body if one is selected under new section 59(2A).
Clause 59(3) inserts new subsections (2A), (2B) and (2C) into
section 59. This provides a facilitative mechanism for
appointment to the Forestry Industry Council in the event that a
nominating body ceases to exist.
New subsection (2A) empowers the responsible Minister to select
an alternative representative body, call for a nomination from that
alternative body and appoint a person nominated by the
alternative body to the Forestry Industry Council.
New subsection (2B) provides that the name of the alternative
nominating body selected must be published in the Government
Gazette, together with the name of the former nominating body to
the Forestry Industry Council.
25
New subsection (2C) clarifies that the notice need only be
published once when an alternative nominating body is selected,
and not each time the alternative nominating body puts forward a
nomination for appointment.
Division 5—Sustainable Forests (Timber) Act 2004
Division 5 contains clause 60 which amends the Sustainable Forests
(Timber) Act 2004 ("the SFT Act").
Clause 60 inserts new section 46(2) into the SFT Act. Section 46 sets out
who must comply with a Code of Practice ("a Code") under the
Conservation, Forests and Lands Act 1987 relating to timber
harvesting. New section 46(2) provides that a person or a person
who belongs to a class of persons who is exempted from the
operation of any requirement of a Code is not required to comply
with a Code to the extent to which the person is complying with
the exemption.
Division 6—Repeal of amending Act
Division 6 contains clause 61 which repeals the amending Act.
Clause 61 provides for the repeal of the amending Act on 30 September
2016.
The repeal of the Act does not affect the continuing operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
This version of the Explanatory Memorandum has an editorial change. The
following sentence has been omitted from the Clause Note for Clause 19 on
page 9:
"The conditions of a bee site licence which apply to a larger bee site licence
area will provide that such licences are not transferable.".
26