Land (Tour Operator Licence Fee) Regulations
2011
S.R. No. 40/2011
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
1
Objectives
Authorising provision
Commencement
Definitions
1
1
1
2
PART 2—STANDARD LICENCE FEES
5
6
7
8
9
10
11
Application for standard licence
Annual licence fee for standard licence
Option to pay multi-year licence fees in lump sum from 1 July
2014
Use fee for a standard licence
Use fee cap
Payment of a use fee
Use fee form
PART 3—COMPETITIVELY ALLOCATED LICENCE FEES
12
13
14
15
16
Application of Part
Application for competitively allocated licence
Annual licence fees for competitively allocated licence
Use fee for a competitively allocated licence
Use fee form
PART 4—REDUCTION, REFUND AND WAIVER
17
18
19
Reduction, waiver or refund of licence fees
Fees cannot be waived, reduced or refunded in certain
circumstances
Surrender of licence
i
4
4
4
6
6
7
7
8
9
9
9
9
10
11
12
12
13
14
Regulation
Page
PART 5—TRANSITIONAL PROVISIONS
20
Regulations do not apply to existing licences
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SCHEDULE
15
15
16
Form 1—Tour Operator Trip Return
16
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ENDNOTES
17
ii
STATUTORY RULES 2011
S.R. No. 40/2011
Land Act 1958
Land (Tour Operator Licence Fee) Regulations
2011
The Governor in Council makes the following Regulations:
Dated: 28 June 2011
Responsible Minister:
RYAN SMITH
Minister for Environment and Climate Change
MATTHEW McBEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are—
(a) to prescribe the fees payable in respect of
tour operator licences granted in respect of
Crown land that is not held under a lease
under the Land Act 1958; and
(b) to provide for the reduction, waiver or refund
of tour operator licence fees.
2 Authorising provision
These Regulations are made under section 413A
of the Land Act 1958.
3 Commencement
These Regulations come into operation on 1 July
2011.
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Part 1—Preliminary
r. 4
4 Definitions
In these Regulations—
child means—
(a) a person under the age of 16; or
(b) a person of compulsory school age who
is educated at a school;
competitively allocated licence means a tour
operator licence granted to a person
following a competitive licence application
process;
compulsory school age has the same meaning as
it has in the Education and Training
Reform Act 2006;
Expression of Interest document means an
invitation advertised to the public requesting
persons interested in conducting organised
tours or recreational activities for profit that
are specified in the document to apply for a
competitively allocated licence;
school has the same meaning as it has in the
Education and Training Reform Act 2006;
standard licence means a tour operator licence
granted to a person following a standard
licence application process;
the Act means the Land Act 1958;
use fee means the fee payable by the holder of a
tour operator licence calculated by the
Minister or a person authorised by the
Minister based on the number of individuals
who, each day, enter Crown land that is not
held under a lease under the Act as part of an
organised tour or recreational activity for
profit conducted by the holder of the tour
operator licence;
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Land (Tour Operator Licence Fee) Regulations 2011
S.R. No. 40/2011
Part 1—Preliminary
use fee cap means the maximum use fee specified
in regulation 9.
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Part 2—Standard Licence Fees
PART 2—STANDARD LICENCE FEES
5 Application for standard licence
For the purposes of section 140J of the Act, an
applicant for a standard licence is not required to
pay a fee under that section but is required to pay
an annual licence fee under regulation 6 if granted
that licence.
6 Annual licence fee for standard licence
(1) For the purposes of section 140K of the Act, the
holder of a standard licence granted for one year
must pay an annual licence fee comprising—
(a) a fee in accordance with subregulation (2);
and
(b) a use fee in accordance with regulation 8.
(2) The holder of a standard licence granted for one
year must pay a fee on the granting of the licence
as follows—
(a) for a licence granted in the financial year
ending 30 June 2012 or 30 June 2013, a fee
of $110;
(b) for a licence granted in the financial year
ending 30 June 2014, a fee of $255;
(c) for a licence granted in the financial year
ending 30 June 2015 or a subsequent
financial year, a fee of 20·78 fee units.
(3) For the purposes of section 140J of the Act, the
holder of a standard licence granted for more than
one year must pay an annual licence fee
comprising—
(a) the relevant fees in accordance with
subregulation (4)(a) and (b); and
(b) a use fee in accordance with regulation 8.
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S.R. No. 40/2011
Part 2—Standard Licence Fees
(4) The holder of a standard licence granted for more
than one year must pay a fee—
(a) on the granting of the licence in respect of
the first year of the licence—
(i) of $110 if it is granted in the financial
year ending 30 June 2012 or 30 June
2013;
(ii) of $200 if it is granted in the financial
year ending 30 June 2014;
(iii) of 16·3 fee units if it is granted in the
financial year ending 30 June 2015 or a
subsequent financial year unless the
holder of the licence elects to pay the
part of the annual licence fee required
by subregulation (3)(a) in a lump sum
in accordance with regulation 7; and
(b) for each year that the licence is in force for
the duration of the licence other than the year
the licence was granted—
(i) of $110 in the financial year ending
30 June 2013;
(ii) of $200 in the financial year ending
30 June 2014;
(iii) of 16·3 fee units in the financial year
ending 30 June 2015 and each
subsequent financial year unless the
holder of the licence elects to pay the
balance of the part of the annual licence
fee required by subregulation (3)(a) in
accordance with regulation 7.
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Part 2—Standard Licence Fees
7 Option to pay multi-year licence fees in lump sum
from 1 July 2014
The fees payable under regulation 6(4) for a
standard licence granted for more than one year
may, from 1 July 2014, be paid in a lump sum as
follows—
(a) if the licence is granted on or after 1 July
2014—the fee specified in regulation
6(4)(a)(iii) plus the fee specified in
regulation 6(4)(b)(iii) in respect of each year
the licence will be in force, payable in a
lump sum on the grant of the licence; or
(b) if the licence is in force on and after 1 July
2014—the fee specified in regulation
6(4)(b)(iii) in respect of each year the licence
will be in force, payable in a lump sum by
30 June of the financial year.
8 Use fee for a standard licence
(1) Subject to regulation 9, the use fee payable on a
standard licence is comprised of the amount
calculated by the Minister or a person authorised
by the Minister under subregulations (2) and (3).
(2) The use fee payable in respect of each person,
who is not a child, for each day the person
participates in an organised tour or recreational
activity for which the holder of the standard
licence holds the licence is—
(a) $1.10 in the financial year ending 30 June
2012 or 30 June 2013;
(b) $2.40 in the financial year ending 30 June
2014 or a subsequent financial year ending
30 June.
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Part 2—Standard Licence Fees
(3) The use fee payable in respect of each child, for
each day the child participates in an organised
tour or recreational activity for which the holder
of the standard licence holds the licence is—
(a) $0.75 in the financial year ending 30 June
2012 or 30 June 2013;
(b) $1.60 in the financial year ending 30 June
2014 or a subsequent financial year ending
30 June.
9 Use fee cap
(1) If the use fees payable under regulation 8 by the
holder of a standard licence at the end of each
financial year exceed the amount of the use fee
cap for that financial year as specified in
subregulation (2), the holder of the licence is not
liable to pay any use fees in excess of that amount.
(2) The use fee cap for—
(a) the financial year ending 30 June 2012 or
30 June 2013 is $5500;
(b) the financial year ending 30 June 2014 is
$12 500;
(c) the financial year ending 30 June 2015,
and each subsequent financial year ending
30 June, is 1018·74 fee units.
10 Payment of a use fee
(1) The holder of a standard licence may pay the use
fees payable under the licence—
(a) quarterly; or
(b) annually.
(2) If the holder of a standard licence pays the use
fees payable under the licence and that licence
holder pays more than the use fee cap, at the end
of the financial year, the licence holder is entitled
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Part 2—Standard Licence Fees
to a refund for any amount paid in excess of the
use fee cap.
11 Use fee form
(1) The holder of a standard licence must maintain a
record of the number of persons that participate in
any organised tour or recreational activity for
which the holder of the standard licence holds the
licence.
(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised
tour or recreational activity is conducted; and
(b) be in Form 1 in the Schedule; and
(c) be provided to the Minister or a person
authorised by the Minister on a quarterly or
annual basis.
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Part 3—Competitively Allocated Licence Fees
PART 3—COMPETITIVELY ALLOCATED LICENCE FEES
12 Application of Part
This Part applies if the Minister or a person
authorised by the Minister determines that it is
necessary to limit the number of tour operator
licences granted in respect of Crown land that is
not held under a lease under the Act for all or any
of the following—
(a) environmental reasons;
(b) cultural reasons;
(c) to ensure public safety.
13 Application for competitively allocated licence
For the purposes of section 140J of the Act, an
applicant for a competitively allocated licence is
not required to pay a fee under that section but is
required to pay an annual licence fee under
regulation 14 if granted that licence.
14 Annual licence fees for competitively allocated
licence
(1) The annual licence fee for a competitively
allocated licence comprises—
(a) the fee fixed by—
(i) the Minister and set out in the relevant
Expression of Interest document for
that competitively allocated licence; or
(ii) a person authorised by the Minister and
set out in the relevant Expression of
Interest document for that
competitively allocated licence, having
regard to any guidelines issued by the
Minister;
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r. 15
Part 3—Competitively Allocated Licence Fees
(b) a use fee calculated in accordance with
regulation 15.
(2) The fee fixed by the Minister or a person
authorised by the Minister under subregulation
(1)(a) must be a minimum of 20·78 fee units.
(3) The holder of a competitively allocated licence
must pay the licence fee fixed under
subregulation (1)(a)—
(a) on the granting of the licence in respect of
the first year of the licence, and by 30 June
each year after for the duration of the
licence; or
(b) in a lump sum at the start of the licence
period.
15 Use fee for a competitively allocated licence
(1) The use fee payable on a competitively allocated
licence is the amount calculated by the Minister or
a person authorised by the Minister as follows—
(a) in respect of each person, who is not a child,
for each day the person participates in an
organised tour or recreational activity for
which the holder of the competitively
allocated licence holds the licence—
(i) $1.10 in the financial year ending
30 June 2012 or 30 June 2013;
(ii) $2.40 in the financial year ending
30 June 2014 or a subsequent financial
year ending 30 June;
(b) in respect of each child, for each day the
child participates in an organised tour or
recreational activity for which the holder of
the competitively allocated licence holds the
licence—
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Land (Tour Operator Licence Fee) Regulations 2011
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Part 3—Competitively Allocated Licence Fees
(i) $0.75 in the financial year ending
30 June 2012 or 30 June 2013;
(ii) $1.60 in the financial year ending
30 June 2014 or a subsequent financial
year ending 30 June.
(2) The holder of a competitively allocated licence
may pay the use fee—
(a) quarterly; or
(b) annually.
16 Use fee form
(1) The holder of a competitively allocated licence
must maintain a record of the number of persons
that participate in any organised tour or
recreational activity for which the holder of the
competitively allocated licence holds the licence.
(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised
tour or recreational activity is conducted; and
(b) be in Form 1 in the Schedule; and
(c) be provided to the Minister or a person
authorised by the Minister on a quarterly or
annual basis.
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r. 17
Part 4—Reduction, Refund and Waiver
PART 4—REDUCTION, REFUND AND WAIVER
17 Reduction, waiver or refund of licence fees
(1) The holder of a standard licence or the holder of a
competitively allocated licence may apply to the
Minister or a person authorised by the Minister for
a fee payable under these Regulations—
(a) to be waived in full or in part; or
(b) to be reduced; or
(c) to be refunded.
(2) An application under subregulation (1) must be in
writing.
(3) Subject to regulation 18, the Minister or a person
authorised by the Minister, on his or her own
motion, or on application under subregulation (1)
may—
(a) waive, in full or in part, a fee payable under
these Regulations; or
(b) reduce a fee payable under these
Regulations; or
(c) refund a fee paid under these Regulations.
(4) The Minister or a person authorised by the
Minister must have regard to the following when
making a decision under subregulation (3)—
(a) whether payment of the fee would cause, or
has caused, undue financial hardship to the
holder of a licence;
(b) whether payment of the fee by a holder of a
licence would be manifestly unfair;
(c) the impact a natural or unnatural event has
had on the ability of a holder of a licence to
continue to conduct organised tours or
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Land (Tour Operator Licence Fee) Regulations 2011
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Part 4—Reduction, Refund and Waiver
recreational tours on Crown land that is not
held under a lease under the Act.
18 Fees cannot be waived, reduced or refunded in
certain circumstances
(1) The holder of a standard licence, or the holder of a
competitively allocated licence, whose licence has
been suspended under section 140O of the Act is
not eligible to have—
(a) outstanding fees payable under these
Regulations waived; or
(b) outstanding fees payable under these
Regulations reduced; or
(c) any fees paid under these Regulations
refunded.
(2) Subject to subregulation (3), a person who has had
his or her licence cancelled under section 140Q of
the Act is not eligible to have—
(a) outstanding fees payable under these
Regulations waived; or
(b) outstanding fees payable under these
Regulations reduced; or
(c) in the case of a licence granted for one
year—any fees paid under these Regulations
refunded; or
(d) in the case of a licence granted for more than
one year—any fees paid for any completed
or commenced year of the licence refunded.
(3) If a person who has had his or her licence
cancelled under section 140Q of the Act held that
licence for a period greater than one year before
that cancellation, that person remains eligible for a
refund on a pro-rata basis of fees for a
non-commenced year of the licence if that person
paid the fees in advance.
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Part 4—Reduction, Refund and Waiver
19 Surrender of licence
The Minister or a person authorised by the
Minister may refund to a holder of a licence on a
pro-rata basis for any non-commercial year of the
licence any fees paid in advance under these
Regulations if the holder of the licence surrenders
the licence.
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Land (Tour Operator Licence Fee) Regulations 2011
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Part 5—Transitional Provisions
PART 5—TRANSITIONAL PROVISIONS
20 Regulations do not apply to existing licences
These Regulations do not apply to a licence to
enter Crown land that is not held under a lease
under the Act as part of an organised tour or
recreational activity for profit conducted by the
holder of the licence if that licence was in force
immediately before 1 July 2011 until that licence,
as in force immediately before 1 July 2011,
expires.
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Land (Tour Operator Licence Fee) Regulations 2011
S.R. No. 40/2011
Sch.
SCHEDULE
FORM 1
Regulations 11 and 16
TOUR OPERATOR TRIP RETURN
Licence No.:
Licence Holder:
A
Date
Location
Activity
No. of
Adults
x No. of
days/
trip
B
x $XX
= Total
Total
No. of
students/
child
x No. of
days/
trip
Total
x $XX =
Total
Cheque
amount:
I certify that the records above are a true and correct account of all tours
conducted on public land for the period:
Please tick  1 July–30 September
 1 October–31 December
 1 January–31 March
 1 April–30 June
Address of land management agency:
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16
A+B
totals =
Cheque
total
$
Land (Tour Operator Licence Fee) Regulations 2011
S.R. No. 40/2011
Endnotes
ENDNOTES
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2011is
$12.22. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
17