{"id":"crown-land-reserves-act-1978","name":"Crown Land (Reserves) Act 1978","slug":"crown-land-reserves-act-1978","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173441,"registerId":"vic-crown-land-reserves-act-1978-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"17B","sectionType":"section","heading":"Licences for purposes other than those for which land is reserved 60","content":"17B Licences for purposes other than those for which land is reserved 60\n\n17BAA Licence may be granted for term greater than 10 years in some circumstances 64\n\n17BA Licence granted to generation company 65\n\n17BB Licence granted for offshore wind energy generation 66\n\n","sortOrder":0},{"sectionNumber":"17C","sectionType":"section","heading":"Continuation of uses of land for purposes other than those for which it is reserved—leases 68","content":"17C Continuation of uses of land for purposes other than those for which it is reserved—leases 68\n\n17CA Leases for up to 65 years for other purposes 70\n\n17CB Parliamentary scrutiny of the leasing of certain land 72\n\n17CC Role of committee of management for leases granted under section 17CA 72\n\n","sortOrder":1},{"sectionNumber":"17D","sectionType":"section","heading":"Leases for up to 21 years for other purposes 73","content":"17D Leases for up to 21 years for other purposes 73\n\n17DAA Leases granted to generation company 77\n\n17DA Parliamentary scrutiny of certain approvals 77\n\n17E Use of reserved land for car parks 78\n\n17F Leases may contain options for renewal and overholding clauses 80\n\n17G Leases may provide for removal of buildings and restoration of land 80\n\n17H Use of reserved land for apiculture 80\n\n17I Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 81\n\n17J Purpose relating to apiculture 81\n\n18 Management and control of reserved land 82\n\n18A Agreement with electricity company—reserved land 84\n\n18B Power of Secretary to enter into management agreements 85\n\n18C Obligations of Secretary and Parks Victoria in relation to Yarra River land 87\n\n18D Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas 88\n\n18E Obligations of land manager in relation to the Great Ocean Road region 89\n\n19 Trustees of permanent reserves may surrender land to Crown 90\n\n20 Procuring of forest produce on reserved land 91\n\n20A Land to be managed consistently with joint management plan 92\n\n21 Trustees of reserves to be deemed occupiers 92\n\n21AA Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land 93\n\n21AB Obligations of committees of management and trustees in relation to Yarra River land 94\n\n21AC Obligations of committees of management and trustees in relation to declared areas 95\n\n","sortOrder":2},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Tour operator licences 96","content":"Part 3A—Tour operator licences 96\n\n21AD Definition for this Part 96\n\n21A Offence to conduct organised tour or recreational activity on reserved land if unlicensed 96\n\n21B Grant of tour operator licence 97\n\n21C Application for tour operator licence 97\n\n21D Requirement to pay annual licence fees after grant of tour operator licence 97\n\n21E Tour operator licence conditions 98\n\n21F Contravention of condition an offence 98\n\n21G Variation of tour operator licence 98\n\n21H Suspension of tour operator licence 99\n\n21I Making submissions on suspension 99\n\n21J Cancellation of tour operator licence 100\n\nPart 3B—Cutting or taking away fallen or felled trees for domestic use as firewood 102\n\n21K Definitions 102\n\n21L Offence to cut or take away fallen or felled trees outside firewood collection area and season 102\n\n21M Person may nominate another to cut and take away fallen or felled trees for firewood 103\n\n21N Firewood collection season 105\n\n21O Secretary may vary firewood collection season 105\n\n21P Secretary may determine firewood collection areas 106\n\n21Q Identification of firewood collection areas 107\n\n21R Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member 108\n\n21S Offences as to amount of fallen or felled trees cut or taken away in a day 109\n\n21T Household limit of fallen or felled trees cut or taken away in a financial year 110\n\n21U Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations 110\n\n21V Limit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions 111\n\n21W Offence to sell fallen or felled trees 112\n\n21X Offences relating to conduct in a firewood collection area 113\n\n21Y Production of nomination if requested by authorised officer 114\n\n21Z No offence if authorised by licence or authorisation etc. or regulations 114\n\nPart 4—Special provisions relating to certain reserved land 115\n\n*Land used for horse racing or greyhound racing or purposes connected therewith* 115\n\n","sortOrder":3},{"sectionNumber":"22","sectionType":"section","heading":"Power of trustees and committee of management regarding horse racing or greyhound racing 115","content":"22 Power of trustees and committee of management regarding horse racing or greyhound racing 115\n\n*Land reserved for an aerodrome or landing ground* 116\n\n","sortOrder":4},{"sectionNumber":"23","sectionType":"section","heading":"Powers of committee of management of land reserved for an aerodrome 116","content":"23 Powers of committee of management of land reserved for an aerodrome 116\n\n*Marinas* 117\n\n","sortOrder":5},{"sectionNumber":"24","sectionType":"section","heading":"Authority and agreement to construct a marina 117","content":"24 Authority and agreement to construct a marina 117\n\n*Land leased to bodies corporate for sport recreation or social activities* 118\n\n","sortOrder":6},{"sectionNumber":"29","sectionType":"section","heading":"Power to Treasurer to guarantee certain loans 118","content":"29 Power to Treasurer to guarantee certain loans 118\n\n*Mineral springs* 119\n\n29A Lease of mineral spring reserves 119\n\n29B Agreements as to the taking and removal of mineral waters 120\n\n29C Application of moneys received under a lease 121\n\n29D Minister may appoint an advisory committee 121\n\n29E Operation of Water Act 1989 121\n\n*Management and other powers in particular reserves* 122\n\n29F Control and management of structures and installations 122\n\n29G Control and management of water authority structures etc. in specified regional parks 123\n\n29H Water distribution works authority—Bendigo Regional Park 123\n\n29HA Works under water licences—Murray River Park 124\n\n","sortOrder":7},{"sectionNumber":"29I","sectionType":"section","heading":"Dam licences—Bendigo Regional Park 125","content":"29I Dam licences—Bendigo Regional Park 125\n\n29IA Works under water licences—Kerang and Shepparton Regional Parks 125\n\n29IB Cutting and taking away fallen or felled trees—Shepparton Regional Park 126\n\nPart 4A—Carlton Gardens Reserve—Special event management 127\n\n29J Special event management declarations 127\n\n29K Content of special event management declarations 127\n\n29L Management of Carlton Gardens Reserve 128\n\n29M Suspension of functions, powers and duties 129\n\n29N Powers in relation to agreements and arrangements 130\n\n29O Regulations and local laws to be suspended 130\n\n29P Transitional provisions 131\n\n29Q Effect of special event management declaration 131\n\n29R Minister to give copy of declaration to committee of management 131\n\n29S Special event management area to be restored 131\n\nPart 5—General 132\n\nDivision 1—Miscellaneous 132\n\n30 Minister may accept gifts etc. 132\n\n30A Ownership of timber 132\n\n31 Tour operator licence regulations 133\n\n32 Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons 135\n\n33 Payment of refunds 136\n\nDivision 2—General transitional provisions 136\n\n34 Transitional provisions—Crown Land Legislation Amendment Act 2016 136\n\n34A Transitional provision—Traditional Owner Settlement Amendment Act 2016 136\n\n34B Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021 137\n\nPart 6—Provisions relating to particular Crown land reserves 138\n\nDivision 1—Miscellaneous reserves 138\n\n35 Deep Lead Nature Conservation Reserve (No. 2) 138\n\nDivision 2—Fifth Schedule reserves 140\n\n43 Reserve descriptions 140\n\n44 Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves 140\n\n45 Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves 140\n\n46 Land in Part 3 of Fifth Schedule deemed to be natural features reserves 141\n\n47 Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves 141\n\n47A Purposes for land in Part 5 of the Fifth Schedule 141\n\n47B Land in Part 4A of the Fifth Schedule deemed to be regional parks 141\n\n47BA Murray River Park 142\n\n47C Land in Part 6 of the Fifth Schedule deemed to be water reserves 143\n\n47D Land in Part 7 of the Fifth Schedule deemed to be forest parks 143\n\nDivision 3—Transitional and miscellaneous provisions—Parks and Crown Land Legislation Amendment Act 2020 144\n\n49 Land to become part of park on surrender to the Crown—Bendigo Regional Park 144\n\n50 Land reserved temporarily for aerodrome purposes 145\n\n50A Macedon Regional Park—Land not affected by enactment of certain Acts 145\n\n50B Eldorado Historic Reserve—Land not affected by enactment of certain Acts 146\n\nDivision 5—Further transitional provisions—2006 Act 147\n\n51 Definition 147\n\n55 Protected forest—Kurth Kiln Regional Park 148\n\nDivision 5A—Further transitional provisions—2009 River Red Gums Act 149\n\n63 Definitions 149\n\n63A Transitional provision—Murray River Park 150\n\n63B Cutting and taking away fallen or felled trees—Murray River Park 152\n\n63C Grazing licences—Murray River Park 152\n\n63D Land to become part of park on surrender to the Crown—Kerang Regional Park 153\n\nDivision 6—Transitional and miscellaneous provisions—Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025 154\n\n64 Bendigo Regional Park 154\n\n65 Wandong Regional Park 156\n\nSchedules 159\n\nSecond Schedule––Transitional provisions 160\n\nThird Schedule 168\n\nFifth Schedule 169\n\nEndnotes 181\n\n1 General information 181\n\n2 Table of Amendments 183\n\n3 Explanatory details 196\n\n**Version No.** **134**\n\n**Crown Land (Reserves) Act 1978**\n\n**No. 9212 of 1978**\n\nVersion incorporating amendments as at  \n\nAn Act to provide for the Reservation of Crown Lands for certain purposes and for the Management of such Reserved Lands and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n","sortOrder":8},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":9},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\n(1) This Act may be cited as the **Crown Land (Reserves) Act 1978**.\n\n(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 1(3) repealed by No. 41/1987 s. 103(Sch. 4 item 9.1).\n\nS. 2 amended by No. 9863 s. 2, repealed by No. 40/2020 s. 6.\n\n(3) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed or amended provisions or existing or continuing under such provisions immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such provisions had not been so repealed or amended;\n\nS. 2(3)(b) amended by No. 9427 s. 6(1)(Sch. 5 item 45).\n\n(b) in particular and without affecting the generality of the foregoing such repeal or amendment shall not disturb the continuity status operation or effect of any proclamation regulation rule by-law order application certificate appointment nomination allowance consent grant reservation lease licence permit condition exception notice determination recommendation decision direction delegation guarantee fund liability or right made effected issued granted given passed accrued incurred or acquired or existing or continuing by or under the repealed or amended provisions before the commencement of this Act; and such repeal or amendment shall not affect or disturb any validation effected or any transfer of powers duties and authorities or the construction of any document consequent thereon by or under any of such Acts before the commencement of this Act.\n\nS. 3  \namended by No. 9380 s. 2(a).\n\n","sortOrder":10},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\nS. 3 def. of *accepted recom-mendation* inserted by No. 19/2018 s. 86(a).\n\n***accepted recommendation*** means—\n\n(a) in relation to a report under  \nsection 23 or 26E of the **Victorian Environmental Assessment Council Act 2001**—\n\n(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or\n\n(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or\n\n(b) if there is no response to which paragraph (a)(i) or (ii) applies, the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the **Land Conservation Act 1970** (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);\n\nS. 3 def. of *appointed land* inserted by No. 62/2010 s. 109(1).\n\n***appointed land***, in relation to a Traditional Owner Land Management Board, has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *approved Great Ocean Road strategic framework plan* inserted by No. 19/2020 s. 84.\n\n***approved*** ***Great Ocean Road strategic framework plan*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *authorised officer* inserted by No. 41/1987 s. 103(Sch. 4 item 9.2), amended by No. 96/1994 s. 48(a), substituted by No. 68/2016 s. 161, amended by No. 40/2019 s. 99.\n\n***authorised officer*** means a person appointed as an authorised officer for the purposes of the **Land Act 1958** under—\n\n(a) Part 9 of the **Conservation, Forests and Lands Act 1987**; or\n\n(b) Part 3 of the **Victorian Fisheries Authority Act 2016**; or\n\n(c) Part 3 of the **Game Management Authority Act 2014**;\n\nS. 3 def. of *Carlton Gardens Reserve* inserted by No. 14/2008 s. 3.\n\n***Carlton Gardens Reserve*** means the balance of the land described in Crown Grant Volume 600 Folio 905;\n\nS. 3 def. of *Central Plan Office* inserted by No. 64/2004 s. 25, amended by No. 79/2013 s. 14, substituted by No. 51/2016 s. 7, repealed by No. 53/2017 s. 9.\n\nS. 3 def. of *Chief Administrator* inserted by No. 41/1987 s. 103(Sch. 4 item 9.2), repealed by No. 76/1998 s. 6(a)(i).\n\nS. 3 def. of *designated port* inserted by No. 23/1995 s. 3, repealed by No. 11/2002 s. 3(Sch. 1 item 14.1(a)).\n\nS. 3 def. of *coastal Crown land* inserted by No. 8/1995 s. 42(1), repealed by No. 26/2018 s. 90(1)(a).\n\nS. 3 def. of *Council* inserted by No. 58/2010 s. 44, amended by No. 9/2020 s. 390(Sch. 1 item 21.1).\n\n***Council*** has the same meaning as it has in the **Local Government Act 2020**;\n\nS. 3 def. of *declaration period* inserted by No. 14/2008 s. 3.\n\n***declaration period*** means the period specified in a special event management declaration as the period for which the declaration is to apply;\n\nS. 3 def. of *declared area* inserted by No. 17/2018 s. 10.\n\n***declared area*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3 def. of *designated port* inserted by No. 11/2002 s. 3(Sch. 1 item 14.1(b)), repealed by No. 65/2010 s. 420(Sch. 3 item 5.1(a)).\n\n **** * * * ****\n\nS. 3 def. of *event organiser* inserted by No. 14/2008 s. 3.\n\n***event organiser*** means a person who organises or conducts events;\n\nS. 3 def. of *fallen or felled trees* inserted by No. 46/2012 s. 14.\n\n***fallen or felled trees*** includes parts of fallen or felled trees;\n\nS. 3 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 2.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 2.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *firewood collection area* inserted by No. 46/2012 s. 14.\n\n***firewood collection area*** means land determined by the Secretary in accordance with section 21P to be a firewood collection area;\n\nS. 3 def. of *firewood collection season* inserted by No. 46/2012 s. 14.\n\n***firewood collection season***, in relation to a firewood collection area, means—\n\n(a) a period referred to in section 21N if the period has not been varied; or\n\n(b) if the period referred to in section 21N has been varied under section 21O, the period as so varied;\n\nS. 3 def. of *forest park* inserted by No. 54/2008 s. 13(2).\n\n***forest park*** means an area of land deemed to be permanently reserved under section 47D;\n\nS. 3 def. of *Goulburn-Murray Water* inserted by No. 82/2009 s. 24.\n\n***Goulburn-Murray Water*** means Goulburn-Murray Rural Water Corporation constituted under Part 6 of the **Water Act 1989**;\n\nS. 3 def. of *Great Ocean Road coast and parks* inserted by No. 19/2020 s. 84.\n\n***Great Ocean Road coast and parks*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road Coast and Parks Authority* inserted by No. 19/2020 s. 84.\n\n***Great Ocean Road Coast and Parks Authority*** means the Authority established under Part 5 of the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road coast and parks protection principles* inserted by No. 19/2020 s. 84.\n\n***Great Ocean Road coast and parks protection principles*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road region* inserted by No. 19/2020 s. 84.\n\n***Great Ocean Road region*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road scenic landscapes area* inserted by No. 19/2020 s. 84.\n\n***Great Ocean Road scenic landscapes area*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *joint management plan* inserted by No. 62/2010 s. 109(1).\n\n***joint management plan*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *land manager* inserted by No. 40/2009 s. 3(2), substituted by No. 19/2018 s. 86(b).\n\n***land manager*** means—\n\n(a) in relation to land reserved under section 4 that is managed by trustees or a committee of management, the trustees or committee of management; or\n\n(b) in relation to land reserved under section 4 that is not managed by trustees or a committee of management—\n\n(i) for Parks Victoria recorded land, Parks Victoria; or\n\n(ii) for all other land, the Secretary;\n\nS. 3 def. of *local port* inserted by No. 65/2010 s. 420(Sch. 3 item 5.1(b)).\n\n***local port*** has the same meaning as it has in the **Port Management Act 1995**;\n\nS. 3 def. of *management plan* repealed by No. 8/1995 s. 42(2).\n\nS. 3 def. of *Marine and Coastal Council* inserted by No. 26/2018 s. 90(1)(b).\n\n***Marine and Coastal Council*** has the same meaning as ***Council*** has in the **Marine and Coastal Act 2018**;\n\nS. 3 def. of *marine and coastal  \nCrown land* inserted by No. 26/2018 s. 90(1)(b).\n\n***marine and coastal Crown land*** means—\n\n(a) land which is reserved either temporarily or permanently under this Act; and\n\n(b) which is marine and coastal Crown land within the meaning of the **Marine and Coastal Act 2018**;\n\nS. 3 def. of *Melbourne Water Corporation* inserted by No. 60/2005 s. 19, substituted by No. 54/2008 s. 13(1).\n\n***Melbourne Water Corporation*** has the same meaning as in the **Water Act 1989**;\n\n***mineral water*** means groundwater which in its natural state contains carbon dioxide and other soluble matter in sufficient concentration to cause effervescence and impart a distinctive taste;\n\n***mineral spring*** means any place where mineral water issues naturally or is extracted from an aquifer;\n\n***mineral springs reserve*** means—\n\n(a) any Crown land reserved pursuant to section 4 or any corresponding previous enactment for the purpose of mineral springs; or\n\n(b) any Crown land reserved either temporarily or permanently pursuant to section 4 or any corresponding previous enactment for any purpose on which there is a mineral spring;\n\nS. 3 def. of *Parks Victoria* inserted by No. 19/2018 s. 86(a).\n\n***Parks Victoria***  has the same meaning as in the **Parks Victoria Act 2018**;\n\nS. 3 def. of *Parks Victoria Minister* inserted by No. 19/2018 s. 86(a).\n\n***Parks Victoria Minister***  means the Minister administering the **Parks Victoria Act 2018**;\n\nS. 3 def. of *Parks Victoria recorded land* inserted by No. 19/2018 s. 86(a).\n\n***Parks Victoria recorded land***  has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 42.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**.\n\nS. 3 def. of *responsible Minister* inserted by No. 40/2009 s. 3(1).\n\n***responsible Minister*** means—\n\n(a) the Minister administering this Act; or\n\n(b) if powers under this Act have been conferred on another Minister by Order under section 17AB, that Minister;\n\nS. 3 def. of *Secretary* inserted by No. 76/1998 s. 6(a)(ii).\n\n***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *special event management area*  \ninserted by No. 14/2008 s. 3.\n\n***special event management area*** means the area specified in a special event management declaration as the area to which the declaration is to apply;\n\nS. 3 def. of *special event management declaration* inserted by No. 14/2008 s. 3.\n\n***special event management declaration*** means a declaration under section 29J(1);\n\nS. 3 def. of *special event period* inserted by No. 14/2008 s. 3.\n\n***special event period*** means a period specified in a special event management declaration as a period during which the special event is to take place;\n\nS. 3 def. of *Statement of Planning Policy* inserted by No. 17/2018 s. 10.\n\n***Statement of Planning Policy*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3 def. of *tour operator licence* inserted by No. 40/2009 s. 3(2).\n\n***tour operator licence*** means a licence granted under section 21B;\n\nS. 3 def. of *traditional owner land management agreement* inserted by No. 62/2010 s. 109(1).\n\n***traditional owner land management agreement*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *Traditional Owner Land Management Board* inserted by No. 62/2010 s. 109(1).\n\n***Traditional Owner Land Management Board*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3 def. of *tree* or *trees* inserted by No. 46/2012 s. 14.\n\n***tree*** or ***trees*** has the same meaning as in section 3(1) of the **Forests Act 1958**;\n\nS. 3 def. of *Trust* inserted by No. 14/2008 s. 3, amended by No. 49/2017 s. 73(1), substituted by No. 38/2024 s. 19.\n\n***Trust*** means the Victorian Convention and Event Trust established by the **Victorian Convention and Event Trust Act 1996**;\n\nS. 3 def. of *Yarra protection principles* inserted by No. 49/2017 s. 73(2).\n\n***Yarra protection principles*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra River land* inserted by No. 49/2017 s. 73(2).\n\n***Yarra River land*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra Strategic Plan* inserted by No. 49/2017 s. 73(2).\n\n***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra Strategic Plan area* inserted by No. 49/2017 s. 73(2).\n\n***Yarra Strategic Plan area*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\nNote to s. 3 inserted by No. 62/2010 s. 109(2).\n\nLand under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the **Traditional Owner Settlement Act 2010**.\n\nS. 3A inserted by No. 12/2004 s. 154.\n\n","sortOrder":11},{"sectionNumber":"3A","sectionType":"section","heading":"Application of Road Management Act 2004","content":"\t3A Application of Road Management Act 2004\n\n(1) A road on reserved Crown land under this Act is a road for the purposes of the **Road Management Act 2004** but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the **Road Management Act 2004**.\n\n(2) The relevant road authority for the purposes of the **Road Management Act 2004** is, subject to any regulations for the purpose of section 37(1)(c) of the **Road Management Act 2004**—\n\nS. 3A(2)(a) amended by No. 58/2010 s. 45.\n\n(a) if the committee of management for the reserve is a Council, the Council; or\n\n(b) if paragraph (a) does not apply—\n\n(i) the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or\n\n(ii) if no notice is published, the relevant committee of management for the reserve; or\n\nS. 3A(2)(b)(iii) amended by No. 51/2016 s. 8.\n\n(iii) if neither subparagraph (i) nor (ii) applies, the Secretary.\n\nS. 3B inserted by No. 6/2010 s. 25(5)  \n(Sch. 2 item 3) (as amended by No. 45/2010 s. 6).\n\n","sortOrder":12},{"sectionNumber":"3B","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t3B Transport Integration Act 2010\n\nThis Act is interface legislation within the meaning of the **Transport Integration Act 2010**.\n\nS. 3C inserted by No. 51/2014 s. 9(Sch. 2 item 2.2).\n\n","sortOrder":13},{"sectionNumber":"3C","sectionType":"section","heading":"Filming Approval Act 2014","content":"\t3C Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nS. 3D inserted by No. 67/2016 s. 28(1).\n\n","sortOrder":14},{"sectionNumber":"3D","sectionType":"section","heading":"Traditional owner agreement for natural resources","content":"\t3D Traditional owner agreement for natural resources\n\nIf a traditional owner group entity has an agreement under Part 6 of the **Traditional Owner Settlement Act 2010**, any provision of this Act that provides for an offence for carrying out an agreed activity does not apply to a member of the traditional owner group—\n\n(a) who is bound by the agreement; and\n\n(b) who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.\n\n","sortOrder":15},{"sectionNumber":"Part 2","sectionType":"part","heading":"Reservation of land","content":"Part 2—Reservation of land\n\nNo. 6284 s. 14.\n\n","sortOrder":16},{"sectionNumber":"4","sectionType":"section","heading":"Power to reserve Crown land for public purposes","content":"\t4 Power to reserve Crown land for public purposes\n\nS. 4(1) amended by No. 47/2025 s. 11(1).\n\n(1) The Governor in Council may by Order published in the Government Gazette reserve by a general or particular description either temporarily or permanently any Crown lands which in the Governor in Council's opinion are required for any public purposes and without affecting the generality of the foregoing for any or any combination of the following—\n\nS. 4(1)(a) amended by No. 23/1995 s. 4(1).\n\n(a) ports, quays wharves docks and landing places;\n\n(b) roads carparks tramways and railways;\n\n(c) aerodromes and landing grounds for aircraft;\n\nS. 4(1)(d) amended by No. 81/1989 s. 3(Sch. item 8.1).\n\n(d) watersheds and gathering grounds for water supply purposes, the supply and distribution of water and works associated therewith including reservoirs aqueducts pipe-lines channels and waterways;\n\nS. 4(1)(e) amended by No. 81/1989 s. 3(Sch. item 8.2).\n\n(e) the protection of the beds or channels and the banks of waterways;\n\n(f) drainage and sewerage works;\n\n(g) camping grounds and watering places for travelling stock;\n\n(h) markets abattoirs and saleyards;\n\n(i) municipal buildings and store-yards;\n\n(j) public baths and swimming pools;\n\n(k) mineral springs;\n\n(l) the preservation of areas of ecological significance;\n\n(m) the conservation of areas of natural interest or beauty or of scientific historic or archaeological interest;\n\nS. 4(1)(ma) inserted by No. 54/2010 s. 78.\n\n(ma) carbon sequestration in vegetation and soil;\n\n(n) the preservation of species of native plants;\n\nS. 4(1)(o) amended by No. 9551 s. 2.\n\n(o) the propagation or management of wildlife or the preservation of wildlife habitat;\n\n(p) pre-school centres, State schools and other institutions of public instruction and areas and facilities for the study of the natural environment;\n\n(q) prisons and reformatories;\n\n(r) public buildings including offices halls libraries museums galleries and war memorials;\n\n(s) experimental and research farms and agricultural colleges;\n\nS. 4(1)(t) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 11.1).\n\n(t) the growth preservation and supply of timber including Government school forest plantations;\n\n(u) the supply of sand gravel stone and other materials for the construction of public roads buildings and other works;\n\n(v) alpine resorts;\n\n(w) public parks gardens and ornamental plantations;\n\n(x) areas for public recreation including areas for camping;\n\n(y) the purposes of health and social welfare;\n\n(z) facilities and services for tourists or for the promotion of tourism;\n\n(za) show-grounds and race-courses;\n\n(zb) cemeteries and crematoria;\n\nS. 4(1)(zc) amended by No. 46/1998 s. 7(Sch. 1).\n\n(zc) hospitals and institutions or services for any other purposes administered by the Minister administering the **Health Services Act 1988** or conducted by committees registered under the **Hospitals and Charities Act 1958**;\n\n(zd) bush nursing centres;\n\n(ze) the protection of the coastline; and\n\n(zf) zoological parks.\n\n(2) At least 30 days before any land is permanently reserved under subsection (1) notice of the intention to so reserve it shall be published once in a newspaper circulating generally in the area in which the land is situated.\n\nS. 4(3) amended by Nos 8/1995 s. 42(3), 76/1998 s. 42, 26/2018 s. 90(2).\n\n(3) Before any land is temporarily or permanently reserved for the protection of the coastline and before the Governor in Council declares any land to be permanently reserved for the protection of the coastline under subsection (6) the Minister shall obtain and consider a report of the Marine and Coastal Council.\n\nS. 4(3A) inserted by No. 23/1995 s. 4(2), amended by No. 65/2010 s. 420(Sch. 3 item 5.2).\n\n(3A) Before any land within a local port is temporarily or permanently reserved under subsection (1), the Minister must consult with the Minister administering the **Port Management Act 1995**.\n\nNo. 6284 s. 16.\n\n(4) Every temporary or permanent reservation made or purported to have been made under the **Land Act 1958** or any previous corresponding enactment shall be deemed to have been made under subsection (1).\n\n(5) Where any land is permanently reserved for unspecified purposes under any Act the Governor in Council may by Order published in the Government Gazette specify that the land or any part thereof is so permanently reserved for any purpose authorized by or under subsection (1) and thereupon such land shall be deemed to be so reserved under subsection (1).\n\n(6) The Governor in Council may by Order published in the Government Gazette declare any land or any part thereof reserved either temporarily or permanently for any purpose under any Act to be permanently reserved for the protection of the coastline and thereupon such land shall be deemed to be so reserved under subsection (1) for that purpose.\n\nNo. 6284 s. 22F.\n\n","sortOrder":17},{"sectionNumber":"5","sectionType":"section","heading":"Minister may purchase and acquire land","content":"\t5 Minister may purchase and acquire land\n\nS. 5(1) amended by Nos 25/2023 s. 7(Sch. 1 item 8.1), 47/2025 s. 12(1).\n\n(1) The Minister may purchase by agreement for and on behalf of His Majesty any land which the Minister considers should be reserved for any of the purposes specified in section 4(1).\n\nS. 5(2) repealed by No. 41/1987 s. 103(Sch. 4 item 9.3).\n\nS. 5(3) amended by No. 40/2020 s. 7.\n\n(3) The Minister shall consult with the Minister administering the **Sport and Recreation Act 1972** prior to entering into any agreement under subsection (1) for the purchase of any land for any purpose specified in paragraph (x) of section 4(1).\n\nS. 5(4) amended by Nos 41/1987 s. 103(Sch. 4 item 9.4), 25/2023 s. 7(Sch. 1 item 8.2).\n\n(4) The Minister may compulsorily acquire for and on behalf of His Majesty—\n\nS. 5(4)(a) amended by No. 47/2025 s. 12(2)(a).\n\n(a) any land which the Minister is satisfied on reasonable grounds should be reserved for—\n\n(i) any of the purposes specified in paragraphs (l), (m), (n) and (o) of section 4(1); or\n\n(ii) a park in conjunction with any or all of those purposes;\n\nS. 5(4)(b) amended by Nos 66/2000 s. 48, 47/2025 s. 12(2)(b).\n\n(b) any easement right or privilege over any land which the Minister considers necessary or desirable to provide access to or for the development protection or improvement of any land reserved for any purpose referred to in paragraph (a) or for any purpose similar thereto; or\n\nS. 5(4)(c) inserted by No. 66/2000 s. 48, amended by No. 11/2002 s. 3(Sch. 1 item 14.2).\n\n(c) any land which is within the metropolitan area (within the meaning of section 153A of the **Water Industry Act 1994**) and which the Minister is satisfied, on reasonable grounds, should be reserved for any of the purposes specified in paragraphs (w) and (x) of section 4(1).\n\nS. 5(5) substituted by No. 121/1986 s. 112.\n\n(5) The **Land Acquisition and Compensation Act 1986** applies to this section and for that purpose—\n\n(a) this section is the special Act; and\n\n(b) the Minister is the Authority.\n\nS. 5(6) amended by No. 10087 s. 3(1)(Sch. 1 item 31), repealed by No. 121/1986 s. 112.\n\nNo. 6284 s. 22F(3).\n\nS. 5(7) amended by No. 121/1986 s. 112.\n\n(7) Any land purchased under this section shall be surrendered and transferred or conveyed to the Crown and thereupon shall be deemed to be unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was purchased.\n\nS. 5(8) inserted by No. 121/1986 s. 112.\n\n(8) Any land acquired by the Minister under this section—\n\n(a) vests in the Crown under section 24 of the **Land Acquisition and Compensation Act 1986** despite anything to the contrary in that section; and\n\n(b) may be dealt with as unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was acquired.\n\n","sortOrder":18},{"sectionNumber":"6","sectionType":"section","heading":"Effect of permanent reservation on land previously temporarily reserved","content":"\t6 Effect of permanent reservation on land previously temporarily reserved\n\nWhere any land is permanently reserved under section 4 any previous temporary reservation of the land shall be deemed to be revoked by the Order effecting the permanent reservation but any regulations and the appointment of any committee of management in respect to the land shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such reservation had not been so revoked.\n\nS. 7  \namended by No. 9551 s. 3(a)–(c), substituted by No. 92/1990 s. 128(Sch. 1 item 4).\n\n","sortOrder":19},{"sectionNumber":"7","sectionType":"section","heading":"Consent of manager required for mining purposes","content":"\t7 Consent of manager required for mining purposes\n\nS. 7(1) amended by No. 63/2006 s. 61(Sch. item 7).\n\n(1) The Governor in Council may, by the Order reserving any land or by any subsequent Order published in the Government Gazette, nominate any specified part of reserved land for which consent of the person or manager administering or managing the land is required before work may be done on that land in accordance with the **Mineral Resources (Sustainable Development) Act 1990**.\n\n(2) The Governor in Council may revoke any nomination under subsection (1) by Order published in the Government Gazette.\n\nS. 7(3) inserted by No. 86/1993 s. 40, amended by No. 63/2006 s. 61(Sch. item 7).\n\n(3) After the commencement of section 40 of the **Mineral Resources Development (Amendment) Act 1993**, the Governor in Council must not make a nomination under subsection (1) in relation to any land that is unrestricted Crown land within the meaning of the **Mineral Resources (Sustainable Development) Act 1990**.\n\nNo. 6284 ss 18, 19.\n\nS. 8  \namended by No. 5/1993 s. 3(a).\n\n","sortOrder":20},{"sectionNumber":"8","sectionType":"section","heading":"Reserved lands not to be sold, leased or licensed","content":"\t8 Reserved lands not to be sold, leased or licensed\n\nS. 8(1) amended by No. 25/2023 s. 7(Sch. 1 item 8.3).\n\n(1) Any land which has been reserved either temporarily or permanently under section 4 shall not (except as authorized by this or any other Act) be sold leased or licensed unless the reservation thereof has been revoked and any purported sale lease or licence of such land shall be absolutely void as well against His Majesty as all other persons whomsoever.\n\nS. 8(2) inserted by No. 5/1993 s. 3(b).\n\n(2) An Act other than this Act (whether passed before or after the commencement of this subsection) must be taken to authorise the sale, leasing or licensing of land reserved temporarily or permanently under section 4 only if it expressly, and not merely by implication, authorises the sale, leasing or licensing of—\n\n(a) that particular land; or\n\n(b) any class or description or Crown land or reserved land that includes that land; or\n\n(c) Crown land or reserved land generally.\n\nS. 8(3) inserted by No. 5/1993 s. 3(b).\n\n(3) For the purposes of subsection (2)(b) and (c) an Act which authorises the sale, leasing or licensing of land, without expressly referring to Crown land or reserved land, must not be taken to authorise the sale, leasing or licensing of Crown land or reserved land.\n\nS. 8(4) inserted by No. 5/1993 s. 3(b).\n\n(4) This section has effect despite any Act or rule of law to the contrary, including any rule of the common law.\n\n","sortOrder":21},{"sectionNumber":"9","sectionType":"section","heading":"Revocation of reservations","content":"\t9 Revocation of reservations\n\n(1) Unless otherwise specifically provided in this or any other Act the temporary reservation of any land under section 4 may only be revoked in accordance with the provisions of section 10.\n\n(2) Unless otherwise specifically provided in any other Act the permanent reservation of any land under section 4 may only be revoked pursuant to the provisions of section 11.\n\nNo. 6284 s. 22.\n\nS. 10 amended by No. 96/1994 s. 46(a).\n\n","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Revocation of temporary reservation","content":"\t10 Revocation of temporary reservation\n\nThe Governor in Council may revoke any temporary reservation of any land as to the whole or any part thereof by Order published in the Government Gazette but at least fourteen days before any temporary reservation is revoked notice of intention to revoke the reservation shall be published in the Government Gazette.\n\nS. 10(2) amended by No. 10087 s. 3(1)(Sch. 1 item 31), repealed by No. 96/1994 s. 46(b).\n\nNo. 6284 s. 15.\n\n","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Power to amend or revoke permanent reservations","content":"\t11 Power to amend or revoke permanent reservations\n\n(1) Where—\n\nS. 11(1)(a) amended by No. 81/1989 s. 3(Sch. item 8.3).\n\n(a) the bed or channel of any waterway or any Crown land on either side of the same is permanently reserved by Order in Council under this Act; and\n\nS. 11(1)(b) amended by No. 81/1989 s. 3(Sch. item 8.3).\n\n(b) after the date of such Order the course of such waterway is altered (whether by natural or artificial means); and\n\n(c) the bed or channel as so altered and any Crown land on either side thereof are permanently reserved by Order in Council under this Act—\n\nthe Governor in Council may by the Order referred to in paragraph (c) or any subsequent Order revoke or amend the first-mentioned Order in whole or in part so far as the same is no longer applicable to the altered circumstances.\n\nS. 11(2) amended by Nos 46/1998 s. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 11.2).\n\n(2) Where any land is permanently reserved for the purposes of the **Education and Training Reform Act 2006** or any corresponding previous enactment and the Minister administering the **Education and Training Reform Act 2006** certifies in writing that such land or any part thereof is no longer required for such purposes the Governor in Council by Order published in the Government Gazette may revoke such reservation as to the whole or any part of such land.\n\nS. 11(3) amended by Nos 46/1998 s. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 11.2).\n\n(3) Where any land the permanent reservation of which is revoked under subsection (2) is vested by Crown grant in the Minister administering the **Education and Training Reform Act 2006**—\n\n(a) on the day on which the revocation of such permanent reservation is published in the Government Gazette the Crown grant in so far as it relates to such land shall be revoked made void and annulled; and\n\n(b) such land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations restrictions and limitations whatsoever.\n\nS. 11(4) inserted by No. 42/2021 s. 47.\n\n(4) A permanent reservation of land in the Great Ocean Road coast and parks may be revoked by a Reservation Order within the meaning of section 3 of the **Great Ocean Road and Environs Protection Act 2020**.\n\nS. 11A inserted by No. 62/2010 s. 110.\n\n","sortOrder":24},{"sectionNumber":"11A","sectionType":"section","heading":"Revocation and further reservation of land","content":"\t11A Revocation and further reservation of land\n\n(1) If a land agreement provides that land that is the subject of the agreement is to be reserved for the purpose specified in the agreement, the Minister may recommend to the Governor in Council that the reservation of the land (whether temporary or permanent) be revoked and that the land be reserved for the purposes set out in the recommendation.\n\n(2) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order in Council, revoke the reservation of the land and reserve the land for the purposes set out in the Order in Council.\n\n(3) The Minister must take all reasonable steps to make a recommendation under subsection (1), to give effect to the land agreement.\n\n(4) This section has effect despite anything to the contrary in any other provision of this Act.\n\n(5) In this section ***land agreement*** has the same meaning as in the **Traditional Owner Settlement Act 2010**.\n\nS. 11B inserted by No. 62/2010 s. 110.\n\n","sortOrder":25},{"sectionNumber":"11B","sectionType":"section","heading":"Parliamentary scrutiny of Order in Council","content":"\t11B Parliamentary scrutiny of Order in Council\n\n(1) Any Order in Council under section 11A(2) may be disallowed by resolution of either House of Parliament.\n\n(2) Sections 15, 22, 23 and 24 of the **Subordinate Legislation Act 1994** apply to an Order in Council and resolution referred to in subsection (1) as if—\n\n(a) the Order were a statutory rule within the meaning of that Act, notice of which had been published in the Government Gazette on the day on which the Order was made; and\n\n(b) in section 23(2)(a) of that Act, for \"18th\" were **substituted** \"5th\"; and\n\n(c) in section 23(2)(b) of that Act, for \"12th\" were **substituted** \"10th\"; and\n\n(d) disallowance by either House of Parliament were disallowance by Parliament.\n\n(3) Despite anything to the contrary in any other Act, an Order referred to in subsection (1) comes into force, if it is not disallowed by either House of Parliament, on the day after the last day on which it could have been so disallowed.\n\n","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"General provisions relating to reserved land","content":"Part 3—General provisions relating to reserved land\n\nNo. 6284 s. 219.\n\n","sortOrder":27},{"sectionNumber":"12","sectionType":"section","heading":"Vesting of land on appointment of new trustees","content":"\t12 Vesting of land on appointment of new trustees\n\n(1) Where any Crown land has been permanently reserved and granted to trustees or granted to the Minister and trustees jointly under any Act an Order in Council deed or document appointing a new trustee or new trustees of such land shall by virtue of this Act and without further or other conveyance assignment or transfer have the effect of granting such land to such new trustee or trustees either solely or together with any surviving or continuing trustee including the Minister (as the case may be).\n\nS. 12(2) amended by No. 18/1989 s. 13(Sch. 2 item 20).\n\n(2) The trustees to whom such land is granted shall if such land is under the **Transfer of Land Act 1958** be deemed to be the proprietors thereof within the meaning of that Act as if their names appear as proprietors in the Register.\n\nS. 12(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(b), 85/1998 s. 24(Sch. item 15) (as amended by No. 74/2000 s. 3(Sch. 1 item 129.1)), 47/2025 s. 13.\n\n(3) The Secretary shall forthwith after the publication in the Government Gazette of any Order in Council or the execution of any deed or document appointing a new trustee or trustees of such land give notice to the Registrar of Titles of the making of such Order or the execution of such deed or document and forward to the Registrar of Titles a copy of the Government Gazette in which the Order is published or a duplicate or certified copy of such deed or document (as the case requires).\n\nS. 12A inserted by No. 10144 s. 6(1), repealed by No. 12/1989 s. 4(1)(Sch. 2 item 21.1) (as amended by No. 13/1990 s. 38(1)(j)).\n\nNo. 6284 ss 218, 219.\n\n","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"\t13 Regulations\n\n(1) Where any land has been reserved under this Act—\n\n(a) the trustees thereof or the Minister and the trustees (as the case may be) with the approval of the Governor in Council; or\n\n(b) where the land has not been granted to trustees, the Minister—\n\nmay make regulations for and with respect to—\n\n(i) the proceedings of any committee of management;\n\n(ii) the care protection and management of the land;\n\n(iii) the preservation of good order and decency on the land;\n\nS. 13(1)(b)(iiia) inserted by No. 51/2016 s. 9(1).\n\n(iiia) setting aside areas on the land in which specified activities are permitted, restricted or prohibited;\n\n(iv) the provision of services and facilities on the land and the conditions under which any services or facilities so provided shall be available to or be used by any person;\n\n(v) the carrying out of works and improvements;\n\n(vi) the safety of persons on the land or occupying or using any structure or building or any part of any structure or building on the land;\n\n(vii) issuing permits and licences and entering into agreements in relation to the land;\n\n(viii) the inspection and approval by a committee of management (if any) of plans and specifications for buildings structures or other works or extensions of buildings structures or other works required or permitted to be erected on such land;\n\n(ix) the removal of any buildings structures or other works which do not comply with the requirements of the committee of management or in respect of which a permit, licence or agreement has expired or has been cancelled;\n\nS. 13(1)(b)(x) substituted by No. 51/2016 s. 9(2).\n\n(x) the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of—\n\n(A) entry upon such land (including any waters on such land) or any specified part of such land by any persons, animals, vehicles, boats or aircraft; or\n\n(B) any improvement, services or facilities on such land (including carparks); or\n\n(C) permits for the use of such land or any part of such land;\n\nS. 13(1)(b)(xa) inserted by No. 51/2016 s. 9(2).\n\n(xa) imposing penalties not exceeding 20 penalty units for contravention of the regulations;\n\nSee section 34 for transitional provisions relating to penalties.\n\nS. 13(1)(b)(xi) amended by Nos 67/1995 s. 58(Sch. 1 item 5), 6/2009 s. 48.\n\n(xi) the fixing and collection of charges or royalties, whether in advance or otherwise, for the taking of any stone within the meaning of the **Mineral Resources (Sustainable Development) Act 1990** from such land;\n\nS. 13(1)(b)(xii) substituted by No. 79/2013 s. 15(1).\n\n(xii) extending or applying regulations made under this subsection in respect of any land referred to in paragraph (b) to any other land referred to in that paragraph.\n\nS. 13(1A) inserted by No. 79/2013 s. 15(2).\n\n(1A) Regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may apply to one or more areas of land reserved under section 4.\n\nS. 13(2) amended by No. 51/2016 s. 9(3).\n\n(2) Any regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may confer and impose upon the committee of management of the land and upon any officer or servant of such committee or any specified person or body or class of specified person or body such powers functions authorities restrictions and duties as the Minister thinks necessary or expedient for the purposes of such regulations.\n\nS. 13(2A) inserted by No. 51/2016 s. 9(4).\n\n(2A) Regulations made under subsection (1) may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether—\n\n(i) unconditionally or on specified conditions; and\n\n(ii) either wholly or to any specified extent.\n\n(3) Regulations under paragraph (x) of subsection (1) imposing tolls fees rents or other charges shall not be made in respect of any lands reserved for public recreation and granted to the Corporation of the city of Melbourne either alone or jointly with the Minister or in respect of any public parks or gardens vested in trustees or jointly in the Minister and trustees, unless the Governor in Council is satisfied that there are special reasons justifying such regulations.\n\nS. 13(3A) inserted by No. 51/2016 s. 9(5).\n\n(3A) Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed under regulations made under subsection (1)(b)(x).\n\n(4) Regulations made under this section and any revocation of any such regulations shall be published in the Government Gazette.\n\nS. 13(5) amended by No. 10/2004 s. 15(Sch. 1 item 4.1), repealed by No. 51/2016 s. 9(6)(a).\n\nS. 13(6) amended by No. 10/2004 s. 15(Sch. 1 item 4.2), repealed by No. 51/2016 s. 9(6)(b).\n\nS. 13(7) amended by Nos 41/1987 s. 103(Sch. 4 items 9.5, 9.6), 57/1989 s. 3(Sch. item 47.1(a)), 37/2014 s. 10(Sch. item 42.2), 47/2025 s. 14.\n\n(7) Any person who contravenes or fails to comply with any regulation made under this section and who after the person has been warned by an authorised officer or by any police officer does not desist therefrom may be forthwith apprehended by such authorised officer or police officer and taken before a bail justice or the Magistrates' Court to be dealt with according to law.\n\nS. 13(8) amended by Nos 41/1987 s. 103(Sch. 4 item 9.7), 57/1989 s. 3(Sch. item 47.1(b)), 68/2009 s. 97(Sch. item 41.1), 37/2014 s. 10(Sch. item 42.2).\n\n(8) Every officer or servant employed by the committee of management of any land and every officer or servant of the trustees of any land and every authorised officer and every police officer shall have and may exercise all powers and authorities necessary to take proceedings prosecute or file a charge-sheet containing a charge in respect of any contravention or failure to comply with any regulations made under this section.\n\n(9) Any money recovered by fine for breach of any regulation made under this section shall be paid—\n\nS. 13(9)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 9.5), 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2), 37/2014 s. 10(Sch. item 42.2).\n\n(a) where the charge-sheet is filed by a police officer or an authorised officer—into the Consolidated Fund;\n\nS. 13(9)(b) amended by Nos 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2).\n\n(b) where the charge-sheet is filed by an officer or servant employed by the committee of management of any land—into the funds of the committee of management;\n\nS. 13(9)(c) amended by No. 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2).\n\n(c) where the charge-sheet is filed by any officer or servant employed by the trustees of the land—into the funds of the trustees.\n\nS. 13(10) inserted by No. 51/2014 s. 9(Sch. 2 item 2.3).\n\n(10) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nNo. 6284 ss 220, 221.\n\n","sortOrder":29},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of committees of management","content":"\t14 Appointment of committees of management\n\n(1) Where any land has been permanently reserved under this Act for the purposes of a public park or garden or for the recreation convenience or amusement of the people and has been granted to trustees or jointly to the Minister and trustees the Governor in Council may on the application of the trustees or of the Minister and the trustees (as the case may be) appoint a committee of management thereof and may at any time on a similar application revoke any such appointment or remove any person appointed as a member of the committee.\n\n(2) Where any land has been reserved either temporarily or permanently under this Act and has not been granted to trustees the Minister may appoint a committee of management thereof and may at any time revoke any such appointment or remove any person appointed as a member of the committee.\n\n(3) An appointment under subsection (1) or (2) may be subject to such conditions and shall be for such term as the Governor in Council or the Minister (as the case may be) determines in any particular case.\n\n(4) A committee of management appointed under subsection (1) or (2) may consist of—\n\n(a) any three or more persons;\n\nS. 14(4)(b) substituted by No. 12/1989 s. 4(1)(Sch. 2 item 21.2), amended by No. 58/2010 s. 46(1).\n\n(b) a Council;\n\nS. 14(4)(c) amended by No. 10187 s. 64, substituted by Nos 121/1994 s. 207(1), 17/2012 s. 84(1).\n\n(c) a metropolitan water corporation within the meaning of the **Water Act 1989**;\n\nS. 14(4)(ca) inserted by No. 121/1994 s. 207(1).\n\n(ca) Melbourne Water Corporation;\n\nS. 14(4)(cb) inserted by No. 121/1994 s. 207(1), substituted by Nos 66/2000 s. 49, 19/2018 s. 87.\n\n(cb) Parks Victoria, and the Parks Victoria Minister must first approve the appointment if the Parks Victoria Minister is different from the Minister administering this section;\n\nS. 14(4)(d) repealed by No. 90/2009 s. 18(1),  \nnew s. 14(4)(d) inserted by No. 19/2020 s. 85.\n\n(d) the Great Ocean Road Coast and Parks Authority, and the Minister administering the **Great Ocean Road and Environs Protection Act 2020** must first approve the appointment if the Minister administering the **Great Ocean Road and Environs Protection Act 2020** is different from the Minister administering this section;\n\n(e) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose;\n\nS. 14(4)(f) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 27).\n\n(f) a company within the meaning of the Corporations Act that—\n\n(i) is taken to be registered in Victoria; and\n\n(ii) is registered under section 150, or has a licence in force under section 151, of that Act;\n\n(g) any combination of such persons and bodies.\n\nS. 14(5) amended by No. 47/2025 s. 15(1).\n\n(5) The Governor in Council or the Minister  \n(as the case may be) may if the Governor in Council or the Minister thinks fit appoint as chairperson of a committee of management (not being a body corporate) appointed under subsection (1) or (2) any member of that committee for the time being in office.\n\nS. 14(6) amended by No. 47/2025 s. 15(2).\n\n(6) In any case where the Governor in Council or the Minister (as the case may be) has not appointed a chairperson of a committee of management pursuant to subsection (5) the committee may itself appoint as chairperson a member of the committee for the time being in office.\n\nS. 14(7) amended by No. 12/1989 s. 4(1)(Sch. 2 items 21.3, 21.4), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 14(8) amended by No. 12/1989 s. 4(1)(Sch. 2 items 21.5, 21.6), substituted by No. 58/2010 s. 46(2), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 14(8A) inserted by No. 58/2010 s. 46(2), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 14(9) amended by No. 12/1989 s. 4(1)(Sch. 2 items 21.7, 21.8), substituted by No. 58/2010 s. 46(2), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 14(9A) inserted by No. 58/2010 s. 46(2), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 14(10) inserted by No. 10144 s. 5(1).\n\n(10) Without limiting the generality of section 2, every appointment of a committee of management made or purported to be made under the **Land Act 1958** or any corresponding previous enactment or under the **Carlton (Recreation Ground) Land Act 1966** or the **North Melbourne Lands Act 1966** that is in force immediately before the commencement of this Act—\n\n(a) in the case where the committee was a committee of management of land granted to trustees or jointly to the Minister and trustees, shall be deemed to have been made under subsection (1); or\n\n(b) in the case where the committee was a committee of management of land not being land granted to trustees, shall be deemed to have been made under subsection (2).\n\nS. 14A inserted by No. 9551 s. 4.\n\n","sortOrder":30},{"sectionNumber":"14A","sectionType":"section","heading":"Incorporation of certain committees of management","content":"\t14A Incorporation of certain committees of management\n\n(1) On the recommendation of the Minister the Governor in Council may, if satisfied that it is in the public interest to do so, by notification published in the Government Gazette—\n\n(a) declare that a committee of management appointed under section 14(2) and specified in the notification (being a committee of management that consists of three or more persons) shall be a corporation; and\n\n(b) assign a corporate name to the corporation.\n\n(2) On the publication in the Government Gazette of a notification under subsection (1)—\n\n(a) the committee of management specified in the notification shall be a body corporate by the name assigned to it by the Governor in Council with perpetual succession and a common seal and shall by that name be capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property;\n\n(b) the powers, functions, discretions and authorities of that committee of management, whether conferred or imposed by this Act or otherwise, shall be deemed to be conferred or imposed on the corporation alone;\n\n(c) the duties, liabilities, responsibilities and obligations imposed upon that committee of management shall be transferred to the corporation and thereafter the corporation shall be subject to all such duties liabilities responsibilities and obligations; and\n\n(d) the corporation shall become and be the successor in law of that committee of management.\n\n(3) The common seal of a corporation constituted under this section shall be kept in such custody as the corporation directs and shall not be used except as authorized by the corporation.\n\n(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of a corporation constituted under this section affixed to any document and, until the contrary is proved, shall presume that it was duly affixed.\n\n(5) The Governor in Council may from time to time by notification published in the Government Gazette assign a new corporate name to a corporation constituted under this section and, on and from the publication in the Government Gazette of the notification, the corporate name of the corporation shall be the name so assigned.\n\n(6) The assignation of a new corporate name to a corporation under subsection (5) shall not affect any rights or obligations of the corporation or render defective any legal proceedings instituted or to be instituted by or against the corporation and any legal proceedings that might have been continued or commenced by or against the corporation by its former name may be continued or commenced by or against the corporation by its new name.\n\n(7) The Governor in Council may, by notification published in the Government Gazette, dissolve a corporation constituted under this section.\n\n(8) On the publication in the Government Gazette of a notification under subsection (7)—\n\n(a) the members who constituted the corporation specified in the notification shall constitute the committee of management of the land and the provisions of this Act relating to committees of management appointed under section 14(2) (not being bodies corporate or corporations constituted under this section) shall apply to that committee of management;\n\n(b) the powers, functions, discretions and authorities of the corporation specified in the notification shall be deemed to be conferred or imposed on that committee of management;\n\n(c) the duties, liabilities, responsibilities and obligations imposed upon the corporation specified in the notification shall be transferred to that committee of management and thereafter that committee of management shall be subject to all such duties, liabilities, responsibilities and obligations; and\n\n(d) that committee of management shall become and be the successor in law of the corporation specified in the notification.\n\nS. 14B inserted by No. 9551 s. 4.\n\n","sortOrder":31},{"sectionNumber":"14B","sectionType":"section","heading":"Provisions as to committees of management incorporated under section 14A","content":"\t14B Provisions as to committees of management incorporated under section 14A\n\n(1) In this section and in sections 14C, 14D and 14E a committee of management that is declared to be a corporation under section 14A is referred to as \"an incorporated committee\".\n\n(2) An incorporated committee shall consist of the members who constituted the committee of management immediately prior to the publication in the Government Gazette of the notification under section 14A(1).\n\nS. 14B(3) amended by Nos 40/2009 s. 4, 47/2025 s. 16(1).\n\n(3) The Minister shall appoint one of the members of an incorporated committee to be chairperson.\n\nS. 14B(4) amended by No. 73/1996 s. 12.\n\n(4) Subject to this Act, a member of an incorporated committee shall hold office for a period of up to three years but shall be eligible for re‑appointment.\n\n(5) The Minister may at any time remove a member of an incorporated committee from office.\n\nS. 14B(6) amended by No. 47/2025 s. 16(2).\n\n(6) A member of an incorporated committee may resign the member's office by writing signed by the member and delivered to the Minister.\n\nS. 14B(7) substituted by No. 47/2025 s. 16(3).\n\n(7) The office of a member of an incorporated committee becomes vacant if the member—\n\n(a) is absent without the permission of the committee from 4 consecutive meetings of the committee; or\n\n(b) becomes bankrupt or the member's property becomes in any manner subject to control under the law relating to bankruptcy; or\n\n(c) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\n(d) becomes incapable of performing the duties of the member's office; or\n\n(e) is removed from office or resigns the member's office; or\n\n(f) dies.\n\nS. 14B(8) amended by No. 47/2025 s. 16(4).\n\n(8) At any meeting of an incorporated committee the chairperson (or, in the absence of the chairperson, such member as the members present appoint) shall preside.\n\n(9) A quorum of an incorporated committee shall consist of a majority of the members for the time being in office.\n\n(10) The powers and functions of an incorporated committee shall be exercised in accordance with a majority of votes at any meeting and in the event of an equality of votes the person presiding shall have a second or casting vote.\n\n(11) Subject to this section, the provisions of this Act relating to committees of management (not being bodies corporate) appointed under section 14(2) shall apply to committees of management that are declared to be corporations under section 14A.\n\nS. 14C inserted by No. 9551 s. 4.\n\n","sortOrder":32},{"sectionNumber":"14C","sectionType":"section","heading":"Borrowing powers of incorporated committees","content":"\t14C Borrowing powers of incorporated committees\n\n(1) For any of the purposes mentioned in paragraph (a) of subsection (1) of section 15 an incorporated committee may, with the approval of the Treasurer of Victoria and subject to such terms conditions and limits as the Treasurer of Victoria imposes—\n\nS. 14C(1)(a) amended by No. 11/2001 s. 3(Sch. item 19).\n\n(a) borrow moneys from any authorised deposit‑taking institution within the meaning of the Banking Act 1959 of the Commonwealth by way of overdraft; and\n\n(b) obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer of Victoria in each particular case approves.\n\n(2) An incorporated committee may for any of the purposes mentioned in paragraph (a) of subsection (1) of section 15 borrow money from any institution person or body approved by the Treasurer of Victoria on such terms and conditions as are approved by the Treasurer of Victoria from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer of Victoria approves in each particular case.\n\n(3) Where an incorporated committee borrows moneys under the power conferred by subsection (1) or (2), the Treasurer of Victoria may execute in favour of any institution person or body lending money to the committee a guarantee for the repayment thereof.\n\n(4) A guarantee given by the Treasurer of Victoria under subsection (3)—\n\n(a) shall, subject to this subsection, be in such form and subject to such terms and conditions as the Treasurer of Victoria thinks fit;\n\n(b) may extend to any interest charges and other expenses chargeable by the institution person or body making the loan and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and those interest charges and expenses;\n\n(c) shall be subject to the condition that the institution person or body making the loan shall obtain take and hold or retain and hold securities of such nature as the Treasurer of Victoria may require for the repayment of the loan and the payment of interest charges and expenses;\n\n(d) shall be subject to the condition that the institution person or body making the loan shall not without the prior consent in writing of the Treasurer of Victoria assign or encumber the benefit of the guarantee; and\n\nS. 14C(4)(e) amended by No. 47/2025 s. 17.\n\n(e) shall not be enforceable against the Treasurer of Victoria unless the institution person or body making the loan has, to the said Treasurer's satisfaction, exercised the institution's, person's or body's rights and remedies under all securities held by or for the institution, person or body in respect of the loan and any interest charges and expenses.\n\n(5) Any moneys required by the Treasurer of Victoria in fulfilling any guarantee given under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any moneys received or recovered by the Treasurer of Victoria in respect of any moneys so paid by the said Treasurer shall be paid into the Consolidated Fund.\n\n(6) An incorporated committee may invest moneys in the funds of the incorporated committee in such manner as the Treasurer of Victoria from time to time approves.\n\nS. 14D inserted by No. 9551 s. 4.\n\n","sortOrder":33},{"sectionNumber":"14D","sectionType":"section","heading":"Power of incorporated committees to lease land","content":"\t14D Power of incorporated committees to lease land\n\n(1) Notwithstanding anything in this Act but subject to subsection (2), an incorporated committee may, with the consent of the Governor in Council, grant leases of any part of the reserved land for the purposes of providing facilities and services for the public.\n\n(2) A lease granted under subsection (1)—\n\nS. 14D(2)(a) amended by No. 40/2009 s. 5(a).\n\n(a) shall be for a specific term not exceeding 21 years; and\n\nS. 14D(2)(b) repealed by No. 40/2009 s. 5(b).\n\n(c) shall be subject to such covenants exceptions reservations and conditions as are determined by the incorporated committee and approved by the Minister.\n\nS. 14E inserted by No. 9551 s. 4.\n\n","sortOrder":34},{"sectionNumber":"14E","sectionType":"section","heading":"Powers conferred by sections 14C and 14D additional to other powers","content":"\t14E Powers conferred by sections 14C and 14D additional to other powers\n\nThe powers conferred on incorporated committees by sections 14C and 14D are additional to the powers conferred on committees of management (not being bodies corporate) by the other provisions of this Act.\n\nNo. 6284 ss 220, 221.\n\n","sortOrder":35},{"sectionNumber":"15","sectionType":"section","heading":"Powers of committees of management","content":"\t15 Powers of committees of management\n\n(1) A committee of management of any land appointed under section 14—\n\n(a) shall manage improve maintain and control the land for the purposes for which it is reserved and for that purpose may employ officers servants and workmen;\n\n(b) may exercise all such powers functions and authorities and shall carry out all such duties as are conferred or imposed on it by any regulations made pursuant to section 13 and shall have authority to do all such acts matters and things as are necessary for or incidental to carrying into effect and enforcing such regulations in respect of the land;\n\nS. 15(1)(c) amended by No. 8/1995 s. 42(4)(a).\n\n(c) may carry out works and improvements on the land:\n\nProvided that in the case of works or improvements on coastal Crown land—\n\nS. 15(1)(c)(i) substituted by No. 8/1995 s. 42(4)(b), amended by No. 26/2018 s. 90(3)(a).\n\n(i) the consent of the Minister administering the **Marine and Coastal Act 2018** has been first obtained; and\n\nS. 15(1)(c)(ii) substituted by No. 8/1995 s. 42(4)(b), amended by No. 26/2018 s. 90(3)(b).\n\n(ii) the works are carried out in accordance with any management plan prepared under the **Marine and Coastal Act 2018** which relates to the land;\n\n(iii) the works or improvements are being carried out solely to maintain the land;\n\n(d) may—\n\n(i) if it is a body corporate, in its own name or in the name of some person appointed by it in that behalf; or\n\n(ii) if it is not a body corporate, in the name of any one or more of its members or in the name of some person appointed by it in that behalf—\n\ntake any legal proceedings for the purposes aforesaid;\n\n(e) may expend any revenue from the land or any other moneys for any of the purposes mentioned in this section;\n\n(f) shall expend or apply any revenue for any other purpose whether or not related to the land as directed by the Minister;\n\n(g) notwithstanding anything in this Act where the committee considers it will not be inconsistent with the purposes of the reservation the committee may subject to the consent of the Minister upon such terms and conditions as it determines—\n\n(i) grant a permit to any person to enter upon the land with cattle sheep or other animals and to pasture them thereon; or\n\n(ii) cultivate the land or grant a permit to any person to enter upon the land with plant and machinery and cultivate it;\n\nS. 15(1)(h) substituted by No. 89/1994 s. 36.\n\n(h) may, in accordance with the **Impounding of Livestock Act 1994**, impound livestock trespassing on the land and, for the purposes of this paragraph, ***livestock*** has the same meaning as in section 3 of the **Impounding of Livestock Act 1994**; and\n\n(i) may insure against any legal liability to members of the public which may arise out of the performance of its functions as committee of management.\n\nS. 15(2) amended by No. 47/2025 s. 18.\n\n(2) At any meeting of a committee of management the chairperson (or, in the absence of the chairperson, such member as the members present appoint) shall preside and in the event of an equality of votes the person presiding shall have a second or casting vote.\n\n(3) A quorum of a committee of management (not being a body corporate) shall consist of a majority of the members for the time being in office.\n\n(4) The powers and functions of a committee of management (not being a body corporate) may be exercised in accordance with a majority of votes at any meeting.\n\n(5) Where reserved land has been granted to trustees all acts matters and things done by the committee of management of the land in exercise of the powers conferred by this section shall have the same force and effect as if done by the trustees of the land.\n\nS. 15(6) amended by No. 25/2023 s. 7(Sch. 1 item 8.4).\n\n(6) In no case shall His Majesty or the Minister be liable for any costs or expenses incurred or awarded in connexion with any prosecution under this section.\n\n(7) A committee of management appointed under subsection (1) of section 14 shall furnish annually to the trustees of the land and to the Minister a report of its operations and a statement of its receipts and expenditure in such form as the trustees or the Minister may require.\n\n(8) A committee of management appointed under subsection (2) of section 14—\n\n(a) shall keep a full and particular account of all sums of moneys received and expended by it;\n\nS. 15(8)(b) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i)(ii).\n\n(b) shall furnish annually to the Secretary, unless otherwise directed by the Secretary, a statement of its receipts and expenditure and of the balance in hand;\n\nS. 15(8)(c) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).\n\n(c) shall if requested by the Secretary furnish particulars of any or all of its receipts and expenditure;\n\nS. 15(8)(d) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).\n\n(d) shall keep such accounting and other records as may be required by the Secretary to sufficiently explain the transactions and financial position of the committee; and\n\nS. 15(8)(e) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).\n\n(e) shall cause to be made up in each year proper accounts of the committee for the year ending on the day immediately preceding the anniversary of the appointment of the committee or any other day as may be required by the Secretary.\n\nS. 15(8A) inserted by No. 9551 s. 5.\n\n(8A) Subject to subsection (8B), the provisions of subsection (8) shall not apply to a committee of management consisting of—\n\nS. 15(8A)(a) substituted byNo. 9/2020 s. 390(Sch. 1 item 21.3).\n\n(a) a Council;\n\nS. 15(8A)(b) substituted by Nos 121/1994 s. 207(2), 17/2012 s. 84(2).\n\n(b) a metropolitan water corporation within the meaning of the **Water Act 1989**;\n\nS. 15(8A)(ba) inserted by No. 121/1994 s. 207(2).\n\n(ba) Melbourne Water Corporation;\n\nS. 15(8A)(bb) inserted by No. 121/1994 s. 207(2), substituted by No. 66/2000 s. 50.\n\n(bb) Parks Victoria;\n\nS. 15(8A)(c) repealed by No. 90/2009 s. 18(2).\n\n(d) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose.\n\nS. 15(8B) inserted by No. 9551 s. 5.\n\n(8B) The Minister may direct in relation to any committee of management referred to in subsection (8A) that the provisions of subsection (8) or such one or more than one of those provisions as the Minister specifies shall apply to that committee of management.\n\n(9) The Governor in Council may—\n\nS. 15(9)(a) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.9), 35/2010 s. 15, 9/2020 s. 390(Sch. 1 item 21.4).\n\n(a) annually appoint a suitably qualified person to audit the accounts of any committee of management and every such person shall be entitled to such remuneration from the committee of management as the Governor in Council determines.\n\nS. 15(9)(b) repealed by No. 43/1995 s. 16.\n\nS. 15(9A) inserted by No. 40/2009 s. 6.\n\n(9A) This section applies to a committee of management of any land appointed under section 14 where the land in respect of which the committee is appointed is leased by the Minister under section 17CA and the management of the lease is conferred on the committee by the lease, to the extent that it is not inconsistent with the lease.\n\nS. 15(10) inserted by No. 12/1989 s. 4(1)(Sch. 2 item 21.10), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).\n\nS. 15A inserted by No. 19/2018 s. 88.\n\n","sortOrder":36},{"sectionNumber":"15A","sectionType":"section","heading":"Delegation of functions, powers or duties of Parks Victoria as committee of management","content":"\t15A Delegation of functions, powers or duties of Parks Victoria as committee of management\n\nA committee of management appointed under section 14(1) that is constituted by Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—\n\n(a) a member of Parks Victoria;\n\n(b) a committee, established under the **Parks Victoria Act 2018**, consisting only of members of Parks Victoria;\n\n(c) the chief executive officer or an employee, or class of employee, of Parks Victoria;\n\n(d) the Secretary;\n\n(e) a person or a class of person employed under the **Public Administration Act 2004** in the administration of this Act.\n\nS. 15B inserted by No. 19/2020 s. 86.\n\n","sortOrder":37},{"sectionNumber":"15B","sectionType":"section","heading":"Delegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management","content":"\t15B Delegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management\n\nA committee of management appointed under section 14 that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—\n\n(a) a member of the Great Ocean Road Coast and Parks Authority;\n\n(b) the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority;\n\n(c) a person or a class of person employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act.\n\n","sortOrder":38},{"sectionNumber":"16","sectionType":"section","heading":"Governor in Council may by Order direct that reserved land vest in municipality","content":"\t16 Governor in Council may by Order direct that reserved land vest in municipality\n\nS. 16(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(1) Subject to subsection (5) the Governor in Council may on the recommendation of the Minister by Order notified in the Government Gazette direct that any land reserved under section 4 shall vest in any Council on trust for the purposes for which the land has been reserved.\n\nS. 16(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(2) By the same or any subsequent Order the Governor in Council may empower the Council to grant leases or licences for a term not exceeding 21 years of any such vested land for the purposes of the reservation.\n\nS. 16(3) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(3) A Council shall not grant any lease or licence of land vested in it under this section other than in accordance with an Order under this section.\n\nS. 16(4) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(4) Land shall not be vested in a Council under this section unless the Minister is of the opinion that the land is used principally for the recreation convenience health or enjoyment of the inhabitants of the area in which the land is situated.\n\nS. 16(5) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(5) Land reserved for the purpose of the protection of the coastline shall not be vested in a Council under this section.\n\nS. 16(6) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 74/2000 s. 3(Sch. 1 item 31), 58/2010 s. 47.\n\n(6) Any lease or licence granted by a Council under this section may be subject to such covenants conditions reservations and exceptions as the Council thinks fit.\n\nS. 16(7) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.11), 58/2010 s. 47.\n\n(7) A lease granted by a Council under this section shall be of no force and effect until it is approved by the Governor in Council.\n\n","sortOrder":39},{"sectionNumber":"17","sectionType":"section","heading":"Powers of trustees or committees of management","content":"\t17 Powers of trustees or committees of management\n\n(1) The Governor in Council may certify that any land reserved under section 4, other than land reserved for the purpose of the protection of the coastline, shall be land to which the provisions of subsection (2) may apply.\n\n(2) Notwithstanding anything in this Act but subject to any regulations made under section 13 relating to the land concerned the trustees or committee of management of any land certified under subsection (1)—\n\n(a) may grant licences to enter and use any portion of such land or any building thereon for any purpose consistent with the purpose of the reservation of the land for a period not exceeding three years;\n\n(b) may enter into agreements to operate services and facilities consistent with the purpose of the reservation for a period not exceeding three years; and\n\n(c) may enter into tenancy agreements with persons to erect buildings and other structures for any purpose consistent with the purpose of the reservation and any such agreement—\n\nS. 17(2)(c)(i) repealed by No. 40/2009 s. 7.\n\n(ii) shall be for a specific term which shall not exceed three years;\n\n(iii) shall be subject to termination at any time by direction of the Minister; and\n\n(iv) may provide that the committee requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the committee on the expiry or determination of the agreement.\n\n(3) A licence entered into under paragraph (2)(a) or an agreement entered into under paragraph (2)(b) or (2)(c) shall be subject to such terms and conditions as the trustees or committee of management (as the case may be) think fit.\n\n(4) Any building or structure erected on the land pursuant to an agreement of the type referred to in subsection (2) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications.\n\n(5) Any moneys received pursuant to any licence or agreement under subsection (2) shall be applied in accordance with the provisions of section 15(1)(e) or 15(1)(f).\n\n(6) No person or body of persons shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to a licence or agreement under subsection (2).\n\nS. 17(7) repealed by No. 75/1994 s. 12.\n\nS. 17A inserted by No. 10144 s. 4.\n\n","sortOrder":40},{"sectionNumber":"17A","sectionType":"section","heading":"Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements","content":"\t17A Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements\n\n(1) Where, in relation to any land reserved under section 4—\n\n(a) immediately before the commencement of the **Crown Land (Reserves) (Amendment) Act 1984**—\n\n(i) a person or body habitually used any portion of the land or any building thereon;\n\n(ii) a person or body operated services or facilities on the land; or\n\n(iii) there was a building or structure which had been erected by a person or body on the land;\n\n(b) the land has not been certified under section 17(1), or the use of the land, operation of the services or facilities or erection of the building or structure (as the case may be) is for a purpose not consistent with the purpose of the reservation of the land;\n\nS. 17A(1)(c) amended by No. 76/1998 s. 6(d).\n\n(c) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified, before the expiration of one year after the commencement of the **Crown Land (Reserves) (Amendment) Act 1984**, that the habitual use or operation of services or facilities was occurring immediately before the commencement of that Act, or the building or structure was on the land immediately before the commencement of that Act—\n\nnotwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management, or where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General may, with the approval in writing of the Minister, where the Minister so approves the purpose for which the land or building was used or the service or facility operated or the building or structure erected—\n\n(d) grant a licence to the person or body to enter and use that portion of the land or that building for a period not exceeding three years;\n\n(e) enter into an agreement with the person or body to operate the service or facility on the land for a period not exceeding three years; or\n\n(f) enter into a tenancy agreement with the person or body who erected the building or structure—\n\nas the case requires, for the purpose so approved.\n\nS. 17A(2) amended by No. 96/1994 s. 48(b).\n\n(2) Subparagraphs (i) to (iv) of section 17B(1)(c) shall apply to any agreement entered into under paragraph (f) of subsection (1) of this section.\n\n(3) Subsection (1) shall not apply to land reserved under section 4—\n\n(a) which is reserved for a purpose specified in paragraph (l), (m), (n), (o) or (ze) of subsection (1) of section 4 or deemed by subsection (6) of that section to be reserved for the protection of the coastline, unless notice has been given by the Governor in Council under section 10(3) of the **Land Conservation Act 1970** of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation;\n\n(b) which is reserved for a purpose specified in paragraph (w) of subsection (1) of section 4 and referred to in a recommendation in respect of the land made under section 5(1)(a) of the **Land Conservation Act 1970**, notice of which has been given by the Governor in Council under section 10(3) of that Act, as a coastal park, a regional park or a state park, unless the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation; or\n\n(c) which has been placed under the control and management of an authority pursuant to section 18(1).\n\nS. 17AB inserted by No. 40/2009 s. 8.\n\n\t17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister\n\n(1) The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the **Health Services Act 1988** (***Health Minister***) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister.\n\n(2) For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management—\n\n(a) the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and\n\n(b) the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject.\n\n(3) For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister—\n\n(a) where the land is managed by trustees or a committee of management—\n\n(i) the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and\n\n(ii) the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D;\n\n(b) where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose.\n\n(4) An Order under subsection (1)—\n\n(a) must be published in the Government Gazette; and\n\n(b) takes effect on publication or a later date specified in the Order.\n\n(5) An Order in Council under subsection (1) must specify—\n\n(a) the land to which the Order applies;\n\n(b) the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister;\n\n(c) the period for which the Order will be in force.\n\n(6) On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease.\n\n(7) The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister.\n\nS. 17AB(8) amended by No. 51/2016 s. 10.\n\n(8) The committee of management must notify the Department of Environment, Land, Water and Planning of any licence or lease entered into pursuant to a power conferred by an Order under this section.\n\n(9) The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force.\n\nS. 17B inserted by No. 10144 s. 4.\n\n\t17B Licences for purposes other than those for which land is reserved\n\nS. 17B(1) amended by Nos 76/1998 s. 6(e), 40/2009 s. 9, substituted by No. 19/2018 s. 89(1), amended by No. 40/2020 s. 8.\n\n(1) Despite anything in this Act and despite any regulations made under section 13 relating to the land concerned, if land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the written approval of the responsible Minister, for any purpose approved by the responsible Minister—\n\n(a) grant licences to enter and use any portion of the land or any building on the land for a period not exceeding 10 years; and\n\n(b) enter into agreements to operate services and facilities on the land for a period not exceeding 10 years; and\n\n(c) enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—\n\n(i) must be for a specific term which must not exceed 10 years; and\n\n(ii) must be subject to termination at any time by direction of the responsible Minister; and\n\n(iii) may provide that the trustees or the committee (as the case may be) requires the tenant to undertake the removal of the building or structure and the clearing of the site to the satisfaction of the trustees or committee on the expiry or termination of the agreement.\n\nS. 17B(1A) inserted by No. 19/2018 s. 89(1).\n\n(1A) If there are no trustees or committee of management of land reserved under section 4, the responsible Minister may—\n\n(a) grant licences to enter and use any portion of the land or any building on the land for a period not exceeding 10 years; and\n\n(b) enter into agreements to operate services and facilities on the land for a period not exceeding 10 years; and\n\n(c) enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—\n\n(i) must be for a specific term which must not exceed 10 years; and\n\n(ii) must be subject to termination at any time by direction of the responsible Minister; and\n\n(iii) may provide that the responsible Minister requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the responsible Minister on the expiry or termination of the agreement.\n\nS. 17B(2) amended by No. 19/2018 s. 89(2).\n\n(2) Subsections (1) and (1A) shall not apply to land reserved under section 4—\n\nS. 17B(2)(a) amended by Nos 48/1993 s. 6(1)(a)(b), 19/2018 s. 89(3).\n\n(a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o), (w) or (ze) or deemed by subsection (6) of that section to be reserved for the protection of the coastline unless—\n\nS. 17B(2)(a)(i) substituted by No. 19/2018 s. 89(4).\n\n(i) the land is subject to an accepted recommendation and the granting of a licence under subsection (1)(a) or (1A)(a) or entering into of an agreement under subsection (1)(b) or (c) or (1A)(b) or (c) is consistent with the accepted recommendation; or\n\nS. 17B(2)(a)(ii) inserted by No. 48/1993 s. 6(1)(b), amended by No. 19/2018 s. 89(5).\n\n(ii) in the case of land for which there is no accepted recommendation, the Minister is satisfied that there are special reasons which make the granting of the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or\n\n(b) which has been placed under the control and management of an authority pursuant to section 18(1).\n\nS. 17B(3) substituted by No. 48/1993 s. 6(2).\n\n(3) The Minister must not give approval under subsection (1) unless—\n\nS. 17B(3)(a) amended by No. 47/2025 s. 19(a).\n\n(a) in the case of land referred to in subsection (2)(a)(ii), the Minister states in the approval that there are special reasons which make granting the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or\n\nS. 17B(3)(b) amended by No. 47/2025 s. 19(b).\n\n(b) in the case of any other land, the Minister is satisfied that the purpose for which the licence is to be granted or the agreement entered into is not detrimental to the purpose for which the land is reserved.\n\nS. 17B(3A) inserted by No. 19/2018 s. 89(6).\n\n(3A) The Minister must not grant a licence or enter into an agreement under subsection (1A) unless—\n\n(a) in the case of land referred to in subsection (2)(a)(ii), the Minister—\n\n(i) is satisfied that there are special reasons which make granting the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; and\n\n(ii) makes a written statement of the Minister's satisfaction of the matters referred to in subparagraph (i); or\n\n(b) in the case of any other land, the Minister is satisfied that the purpose for which the licence is to be granted or the agreement entered into is not detrimental to the purpose for which the land is reserved.\n\nS. 17B(4) amended by No. 76/1998 s. 6(e)(ii), substituted by No. 19/2018 s. 89(7).\n\n(4) A licence entered into under subsection (1)(a) or (1A)(a) or an agreement entered into under subsection (1)(b) or (c) or (1A)(b) or (c) is subject to any terms and conditions determined by the trustees or committee of management and approved by the Minister or, where there are no trustees or committee of management, determined by the Minister.\n\nS. 17B(5) amended by Nos 96/1994 s. 48(c), 19/2018 s. 89(8).\n\n(5) Any building or structure created on the land and any use of the land pursuant to an agreement referred to in subsection (1) or (1A) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications or to control of land use, including, without limiting the generality of the foregoing, the **Planning and Environment Act 1987** and any regulation or instrument made thereunder.\n\nS. 17B(6) amended by No. 19/2018 s. 89(9).\n\n(6) No person or body shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to a licence or agreement under subsection (1) or (1A).\n\nS. 17BAA inserted by No. 40/2009 s. 10.\n\n\t17BAA Licence may be granted for term greater than 10 years in some circumstances\n\n(1) Despite section 17B(1), where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval in writing of the Minister given in accordance with subsection (6), grant a licence under section 17B(1) if the proposed licensee is leasing—\n\n(a) land adjacent to the land in respect of which the licence may be granted; and\n\n(b) the adjacent land is under the management of the trustees or committee of management.\n\n(2) A licence granted under subsection (1) may be for a period not exceeding whichever is the lesser of the following—\n\n(a) 21 years;\n\n(b) the term of the lease granted in respect of the adjacent land.\n\nS. 17BAA(3) substituted by No. 19/2018 s. 90(1).\n\n(3) If, despite section 17B(1A), there are no trustees or committee of management of land reserved under section 4, the Minister may, in accordance with subsection (6), grant a licence under section 17B(1A) if the proposed licensee is leasing land adjacent to the land in respect of which the licence may be granted.\n\n(4) A licence granted under subsection (3) may be for a period not exceeding whichever is the lesser of the following—\n\n(a) 21 years;\n\n(b) the term of the lease granted in respect of the adjacent land.\n\nS. 17BAA(5) amended by No. 19/2018 s. 90(2).\n\n(5) The trustees or committee of management in granting a licence under subsection (1), or the Minister in granting a licence under subsection (3), must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease for the adjacent land.\n\nS. 17BAA(6) substituted by No. 19/2018 s. 90(3).\n\n(6) The Minister must not give approval under subsection (1), or grant a licence under subsection (3), unless the Minister is satisfied that the purpose for which the licence is to be granted is not detrimental to the purpose for which the land is reserved.\n\nS. 17BA inserted by No. 48/1996 s. 25, amended by Nos 69/2000 s. 48(1), 19/2018 s. 91.\n\n\t17BA Licence granted to generation company\n\nDespite section 17B(1)(a) and (1A)(a), a licence may be granted under that section for a term not exceeding 99 years if the licence is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale.\n\nS. 17BB inserted by No. 14/2024 s. 12.\n\n\t17BB Licence granted for offshore wind energy generation\n\n(1) Despite section 17B(1)(a) and (1A)(a), the Minister may grant a licence under that section for a term not exceeding 21 years if the licence is granted in respect of land used, or to be used, for one or more of the following purposes—\n\n(a) assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;\n\n(b) determining the optimal placement of offshore electricity transmission infrastructure;\n\n(c) carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.\n\n(2) In granting a licence under subsection (1), the Minister must have regard to the following—\n\n(a) whether or not the applicant is the holder, or is applying for the licence on behalf of the holder, of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which the applicant may be granted the licence;\n\n(b) whether granting the licence would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;\n\n(c) any other matter that the Minister considers relevant.\n\n(3) Before granting a licence under subsection (1), the Minister must consult—\n\n(a) the trustees or committee of management that manages the land reserved under section 4, if any; and\n\n(b) the Minister responsible for administering the **Electricity Industry Act 2000**.\n\n(4) Despite anything to the contrary in this Act, the holder of a licence granted under subsection (1) may transfer the licence to another person or body at any time with the written consent of the Minister.\n\n(5) The Minister must not consent to a transfer under subsection (4) before consulting the Minister responsible for administering the **Electricity Industry Act 2000**.\n\n(6) Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the **Electricity Industry Act 2000**, may at any time vary or revoke a licence granted under subsection (1).\n\n(7) In this section—\n\n***offshore electricity transmission infrastructure*** means—\n\n(a) fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed; or\n\n(b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—\n\n(i) it is being constructed, installed or decommissioned; or\n\n(ii) it has temporarily or accidentally ceased to be fixed or tethered infrastructure; or\n\n(c) any infrastructure, structure or installation that—\n\n(i) receives, stores, transmits or distributes electricity; and\n\n(ii) is connected to any infrastructure, structure or installation described in paragraph (a) or (b).\n\nS. 17C inserted by No. 10144 s. 4.\n\n\t17C Continuation of uses of land for purposes other than those for which it is reserved—leases\n\n(1) Where in relation to land reserved under section 4—\n\n(a) immediately before the commencement of the **Crown Land (Reserves) (Amendment) Act 1984** a person or body habitually used any part of the land for a purpose other than the purpose for which it is reserved; and\n\nS. 17C(1)(b) amended by No. 76/1998 s. 6(f).\n\n(b) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified before the expiration of one year after the commencement of the **Crown Land (Reserves) (Amendment) Act 1984** that the habitual use had taken place immediately before the commencement of that Act—\n\nnotwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management of the land may, with the approval in writing of the Minister, if the Minister so approves of the purpose for which the land has been habitually used, grant a lease of that part of the reserved land for that purpose and where there are no trustees or committee of management of the land, the Minister may grant such a lease for the purpose for which the land has been habitually used.\n\nS. 17C(2) substituted by No. 19/2018 s. 92.\n\n(2) Subsection (1) does not apply to land reserved under section 4—\n\n(a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o) or (ze) or deemed to be reserved under section 4(6) for the protection of the coastline unless—\n\n(i) the land is subject to an accepted recommendation; and\n\n(ii) the granting of a lease under subsection (1) is consistent with the accepted recommendation; or\n\n(b) which is reserved for a purpose specified in section 4(1)(w) and referred to in an accepted recommendation as a regional park, unless the granting of a lease under subsection (1) is consistent with the accepted recommendation; or\n\n(c) which has been placed under the control and management of an authority pursuant to section 18(1).\n\nS. 17CA inserted by No. 40/2009 s. 11.\n\n\t17CA Leases for up to 65 years for other purposes\n\n(1) Subject to section 17CC(1), where land reserved under section 4 is managed by trustees or a committee of management, despite any vesting of the land in the trustees or committee of management, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—\n\n(a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and\n\n(b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and\n\n(c) the granting of a longer term lease is in the public interest.\n\n(2) Where there are no trustees or committee of management for land reserved under section 4, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—\n\n(a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and\n\n(b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and\n\n(c) the granting of a longer term lease is in the public interest.\n\n(3) The Minister must not enter into a lease under subsection (1) or (2) in respect of any land that is—\n\n(a) reserved for a purpose specified in section 4(1)(l), (m), (n) or (o); or\n\n(b) specified in Part 1 or Part 3 of the Fifth Schedule.\n\nS. 17CA(4) amended by No. 47/2025 s. 20.\n\n(4) The Minister must not enter into a lease under subsection (1) or (2) of land that is—\n\n(a) reserved for a purpose specified in section 4(1)(w) or (ze); or\n\n(b) deemed by section 4(6) to be reserved for the protection of the coastline—\n\nunless the Minister has, by determination, given notice of the Minister's intention to do so, and—\n\n(c) the Minister has laid the determination before each House of Parliament; and\n\n(d) the determination has not been disallowed by either House of Parliament.\n\n(5) The Minister must publish a determination under subsection (4) in the Government Gazette.\n\n(6) The Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (2), enter into an agreement to lease that land.\n\n(7) If the Minister enters into an agreement to lease reserved land under subsection (6) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section.\n\nS. 17CB inserted by No. 40/2009 s. 11.\n\n\t17CB Parliamentary scrutiny of the leasing of certain land\n\n(1) A determination that is laid before each House of Parliament under section 17CA(4) is disallowed in whole or in part if—\n\n(a) a notice of a resolution to disallow the determination is given in a House of the Parliament on or before the 5th sitting day of that House after the determination is laid before the House; and\n\n(b) the resolution is passed by that House on or before the 10th sitting day of that House after the giving of the notice of the resolution.\n\n(2) A notice under subsection (1) may be expressed to apply to the whole or to any part of the determination.\n\n(3) A resolution that is passed under subsection (1) has effect according to its tenor.\n\n(4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved—\n\n(a) the prorogation or dissolution does not affect the power of the House to pass a resolution under subsection (1); and\n\n(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.\n\nS. 17CC inserted by No. 40/2009 s. 11.\n\n\t17CC Role of committee of management for leases granted under section 17CA\n\n(1) Before granting a lease of land under section 17CA(1), the Minister must consult with the trustees or committee of management for that land.\n\n(2) If the Minister grants a lease of land under section 17CA(1), the lease may provide for the management of the lease to be carried out by the trustees or committee of management.\n\n(3) A power to manage a lease that may be given to trustees or a committee of management under a lease under subsection (2)—\n\n(a) does not extend to empowering the trustees or committee of management to vary, amend or terminate the lease;\n\n(b) if the lease so provides, may extend to empowering the trustees or committee of management to collect any tolls, fees, rents, royalties or other charges that may be imposed in respect of the land.\n\n(4) Any money collected or retained by trustees or a committee of management under the lease must be expended on the land in respect of which the money has been collected or retained.\n\nS. 17D (Heading) inserted by No. 40/2009 s 12(1).\n\nS. 17D inserted by No. 10144 s. 4.\n\n\t17D Leases for up to 21 years for other purposes\n\nS. 17D(1) substituted by No. 40/2009 s. 12(2), amended by No. 40/2020 s. 9(1).\n\n(1) Where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval of the responsible Minister, lease any part of the land for any purpose approved by the responsible Minister, for a specific term of not more than 21 years.\n\nS. 17D(1A) inserted by No. 40/2009 s. 12(2).\n\n(1A) Where there are no trustees or committee of management of land reserved under section 4, the responsible Minister may lease any part of the land for a specific term of not more than 21 years.\n\nS. 17D(1B) inserted by No. 40/2009 s. 12(2).\n\n(1B) The responsible Minister or the trustees or committee of management with the approval in writing of the responsible Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (1A), enter into an agreement to lease that land.\n\nS. 17D(1C) inserted by No. 40/2009 s. 12(2).\n\n(1C) If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section.\n\nS. 17D(2) amended by No. 40/2009 s. 12(3)(a).\n\n(2) A lease must not be entered into under subsection (1) or (1A) in relation to land reserved under section 4—\n\nS. 17D(2)(a) amended by Nos 48/1993 s. 7(1)(a)(b), 19/2018 s. 93(1).\n\n(a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o), (w) or (ze) or is deemed by subsection (6) of that section to be reserved for the protection of the coastline unless—\n\nS. 17D(2)(a)(i) amended by No. 40/2009 s. 12(3)(b), substituted by No. 19/2018 s. 93(2).\n\n(i) the land is subject to an accepted recommendation and the granting of a lease under subsection (1) or (1A) is consistent with the accepted recommendation; or\n\nS. 17D(2)(a)(ii) inserted by No. 48/1993 s. 7(1)(b), amended by Nos 40/2009 s. 12(3)(c), 19/2018 s. 93(3).\n\n(ii) in the case of land for which there is no accepted recommendation, the responsible Minister is satisfied that there are special reasons which make granting the lease reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or\n\n(b) which has been placed under the control and management of an authority pursuant to section 18(1).\n\nS. 17D(3) substituted by No. 48/1993 s. 7(2), amended by No. 40/2009 s. 12(4).\n\n(3) The responsible Minister must not give approval under subsection (1) unless—\n\nS. 17D(3)(a) amended by No. 47/2025 s. 21(a).\n\n(a) in the case of land referred to in subsection (2)(a)(ii) the Minister states in the approval that there are special reasons which make granting the lease reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or\n\nS. 17D(3)(b) amended by No. 47/2025 s. 21(b).\n\n(b) in the case of any other land, the Minister is satisfied that the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved.\n\n(4) A lease granted under subsection (1) or under section 17C—\n\nS. 17D(4)(a)(b) repealed by No. 40/2009 s. 12(5)(a).\n\nS. 17D(4)(c) amended by No. 40/2009 s. 12(5)(b).\n\n(c) shall be subject to such covenants, exceptions, reservations and conditions as are determined by the trustees or committee of management and approved by the responsible Minister, or where there are no trustees or committee of management, as are determined by the responsible Minister.\n\nS. 17D(5) amended by Nos 45/1987 s. 205(Sch. item 12), 40/2009 s. 12(6).\n\n(5) Any building or structure created on the land and any use of the land pursuant to a lease referred to in subsection (1) or (1A) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications, or to control of land use including, without limiting the generality of the foregoing, the **Planning and Environment Act 1987** or any regulation or instrument made under that Act.\n\nS. 17D(6) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(7).\n\n(6) A lease under subsection (1) or (1A) may be granted—\n\n(a) without being limited to a particular stratum of reserved land; or\n\n(b) for a stratum of reserved land.\n\nS. 17D(7) inserted by No. 48/1996 s. 26, amended by Nos 40/2009 s. 12(8), 40/2020 s. 9(2).\n\n(7) The responsible Minister must not give approval for a lease to be granted under subsection (1), or grant a lease under subsection (1A), for a stratum of reserved land unless the Minister is satisfied that—\n\n(a) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and\n\n(b) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and\n\n(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and\n\n(d) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.\n\nS. 17D(8) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(9).\n\n(8) The granting under subsection (1) or (1A) of a lease of a stratum of reserved land is conclusive proof of compliance with subsection (7) in respect of the lease.\n\nS. 17DAA inserted by No. 48/1996 s. 27, amended by No. 69/2000 s. 48(2).\n\n\t17DAA Leases granted to generation company\n\nDespite section 17D(4)(a), a lease may be granted under section 17D for a term not exceeding 99 years if the lease is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale.\n\nS. 17DA inserted by No. 48/1993 s. 8.\n\n\t17DA Parliamentary scrutiny of certain approvals\n\nS. 17DA(1) substituted by No. 19/2018 s. 94.\n\n(1) The following must be given by the Minister by Order published in the Government Gazette—\n\n(a) an approval that includes a statement referred to in section 17B(3)(a) or 17D(3)(a);\n\n(b) a statement under section 17B(3A)(a)(ii).\n\n(2) An Order under subsection (1) may be disallowed by resolution of either House of the Parliament.\n\nS. 17DA(3) amended by No. 40/2009 s. 13(1).\n\n(3) Sections 15, 22, 23 and 24 of the **Subordinate Legislation Act 1994** apply to an Order published under subsection (1) and a resolution referred to under subsection (2) as if—\n\n(a) the Order were a statutory rule within the meaning of that Act notice of which had been published in the Government Gazette on the day on which the Order was so published; and\n\nS. 17DA(3)(b) substituted by No. 40/2009 s. 13(2).\n\n(b) in section 23(2)(a) of that Act for \"18th\" there were **substituted** \"5th\"; and\n\nS. 17DA(3)(c) substituted by No. 40/2009 s. 13(2).\n\n(c) in section 23(2)(b) of that Act for \"12th\" there were **substituted** \"10th\"; and\n\n(d) disallowance by either House of the Parliament were disallowance by Parliament.\n\n(4) An Order under subsection (1) comes into force, if it is not disallowed by either House of Parliament, on the day after the last day on which it could have been so disallowed.\n\nS. 17E inserted by No. 10144 s. 4.\n\n","sortOrder":41},{"sectionNumber":"17E","sectionType":"section","heading":"Use of reserved land for car parks","content":"\t17E Use of reserved land for car parks\n\nS. 17E(1) amended by Nos 76/1998 s. 6(g)(i)(ii), 19/2018 s. 95.\n\n(1) Notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land concerned the land manager may, subject to and in accordance with the approval in writing of the Minister make available for use as a car park (at times and on conditions so approved by the Minister) by persons who do not use the land for the purposes for which it is reserved, any part of the land which is set aside for use as or used as a car park by persons who use the land for the purposes for which it is reserved.\n\n(2) The Minister shall not grant any approval under subsection (1) unless—\n\n(a) the application includes a sketch plan of the relevant portion of the reserved land with the car park in relation to which the application is made clearly marked; and\n\n(b) the Minister is satisfied that—\n\n(i) there is a community need for the area to be used as a car park by persons other than those who use the land for the purpose for which it is reserved;\n\n(ii) the use of the car park by persons who do not use the land for the purposes for which it is reserved at the times and on the conditions for which approval is sought will not interfere with the use of the car park by persons who use the land for the purpose for which it is reserved; and\n\n(iii) the council of any municipality in which the land is situated has been consulted concerning the use of the car park.\n\n(3) The Minister may amend or revoke an approval given for the purposes of subsection (1).\n\n(4) Subsection (1) shall not apply to land which has been placed under the control and management of an authority pursuant to section 18(1).\n\nS. 17F inserted by No. 96/1994 s. 47.\n\n","sortOrder":42},{"sectionNumber":"17F","sectionType":"section","heading":"Leases may contain options for renewal and overholding clauses","content":"\t17F Leases may contain options for renewal and overholding clauses\n\n(1) Without limiting any other provision of this Act, a lease or a tenancy agreement under this Act may contain—\n\n(a) options for the lessee or tenant to renew the lease or tenancy agreement for a further term or terms; and\n\n(b) provision for a lessee or tenant to remain in occupation of the land under the same terms and conditions as existed under the lease or tenancy agreement, at the discretion of the lessor, for a period not exceeding 3 months from the expiry of the lease or tenancy agreement.\n\n(2) If a lease or tenancy agreement contains options for renewal by the lessee or tenant, the aggregate of the original term and the further term or terms must not exceed the maximum term for which, apart from this section, the lease or tenancy agreement may be granted.\n\nS. 17G inserted by No. 40/2009 s. 14.\n\n","sortOrder":43},{"sectionNumber":"17G","sectionType":"section","heading":"Leases may provide for removal of buildings and restoration of land","content":"\t17G Leases may provide for removal of buildings and restoration of land\n\nA lease under this Act may provide that the lessor may require the lessee to undertake the removal of any building or structure on the land and the restoration of the site to the satisfaction of the lessor after the expiry of the lease.\n\nS. 17H inserted by No. 12/2016 s. 19, amended by No. 42/2021 s. 48.\n\n","sortOrder":44},{"sectionNumber":"17H","sectionType":"section","heading":"Use of reserved land for apiculture","content":"\t17H Use of reserved land for apiculture\n\nOn and from the commencement of section 19 of the **Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016**, a licence over reserved land for a purpose relating to apiculture may only be granted under section 17 or 17B by a trustee or a committee of management (other than a committee of management that is Parks Victoria or the Great Ocean Road Coast and Parks Authority).\n\nSee sections 141 to 149 of the **Land Act 1958**.\n\nS. 17I inserted by No. 12/2016 s. 19.\n\n","sortOrder":45},{"sectionNumber":"17I","sectionType":"section","heading":"Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016","content":"\t17I Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016\n\nA licence granted under section 17 or 17B for a purpose relating to apiculture by a committee of management that is Parks Victoria or by the Secretary, and in force immediately before the commencement of section 19 of the **Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016**, continues in force subject to its terms and conditions on and after that commencement until the earliest of the following occurs—\n\n(a) the licence expires;\n\n(b) the licence is cancelled;\n\n(c) a bee site licence is granted under section 142 of the **Land Act 1958** to the holder of the licence granted under section 17 or 17B in respect of more or less the same land.\n\nS. 17J inserted by No. 12/2016 s. 19.\n\n","sortOrder":46},{"sectionNumber":"17J","sectionType":"section","heading":"Purpose relating to apiculture","content":"\t17J Purpose relating to apiculture\n\nA licence referred to in section 17H or 17I is taken to be granted for a purpose relating to apiculture if it permits the licensee—\n\n(a) to keep bee hives on the licensed land; or\n\n(b) to enable the licensee's bees to forage over the licensed land for nectar or pollen.\n\n","sortOrder":47},{"sectionNumber":"18","sectionType":"section","heading":"Management and control of reserved land","content":"\t18 Management and control of reserved land\n\nS. 18(1) amended by Nos 41/1987 ss 103(Sch. 4 items 9.8–9.11), 116(8), 96/1994 s. 48(d), 121/1994 s. 207(3), 76/1998 s. 6(h), 66/2000 s. 51(1)(2), 17/2012 s. 84(3), 19/2018 s. 96(1).\n\n(1) The Governor in Council on the recommendation of the Minister given with the concurrence of the responsible Minister may by Order published in the Government Gazette place any land temporarily or permanently reserved under section 4 under the control and management of the Secretary, Parks Victoria, a metropolitan water corporation within the meaning of the **Water Act 1989**, or Melbourne Water Corporation.\n\nS. 18(1A) inserted by No. 50/2002 s. 17(1), amended by Nos 64/2004 s. 26, 19/2018 s. 96(2).\n\n(1A) The land described in Division 1 of Part 2 of the Fifth Schedule is placed under the control and management of Parks Victoria for the purposes of section 19B of the **National Parks Act 1975**.\n\nS. 18(1B) inserted by No. 60/2005 s. 32(1), substituted by Nos 54/2008 s. 14, 19/2018 s. 96(3).\n\n(1B) For the purposes of section 18A of the **Forests Act 1958**,  any land that is a forest park is placed under the control and management of—\n\n(a) Parks Victoria, if it is Parks Victoria recorded land; or\n\n(b) the Secretary for the purposes of section 18A of the **Forests Act 1958**, if it is not Parks Victoria recorded land.\n\nS. 18(2) amended by Nos 41/1987 s. 103(Sch. 4 item 9.12), 76/1998 s. 6(h), 50/2002 s. 17(2), 60/2005 s. 32(2), 19/2018 s. 96(4).\n\n(2) Where any land is placed under the control and management of an authority, the Secretary or Parks Victoria pursuant to subsection (1), (1A) or (1B) the provision of sections 13, 14, 15, 16 and 17 shall not apply.\n\nS. 18(3) amended by No. 41/1987 s. 103(Sch. 4 items 9.15, 9.16).\n\n(3) In subsection (1) ***responsible Minister*** means—\n\nS. 18(3)(a) repealed by No. 41/1987 s. 103(Sch. 4 item 9.13).\n\nS. 18(3)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 9.14), 81/1989 s. 3(Sch. item 8.4).\n\n(b) in respect of an Order placing any land under the control and management of the Rural Water Commission, the Minister administering the **Water Act 1989**;\n\nS. 18(3)(c) substituted by No. 121/1994 s. 207(4), amended by No. 66/2000 s. 51(3)(a), substituted by No. 17/2012 s. 84(4).\n\n(c) in the case of an Order placing any land under the control of a metropolitan water corporation within the meaning of the **Water Act 1989** or Melbourne Water Corporation, the Minister administering the **Water Act 1989**; and\n\nS. 18(3)(d) amended by No. 41/1987 s. 116(8), substituted by No. 66/2000 s. 51(3)(b), amended by No. 19/2018 s. 96(2).\n\n(d) in the case of an order placing land under the control and management of Parks Victoria, being land to which section 19B of the **National Parks Act 1975** is to apply, the Minister administering that Act.\n\nS. 18(3)(e) repealed by No. 41/1987 s. 103(Sch. 4 item 9.17).\n\nS. 18A inserted by No. 48/1996 s. 28, substituted by No. 55/1997 s. 25 (as amended by No. 91/1997 s. 44(f)).\n\n","sortOrder":48},{"sectionNumber":"18A","sectionType":"section","heading":"Agreement with electricity company—reserved land","content":"\t18A Agreement with electricity company—reserved land\n\nS. 18A(1) amended by No. 14/2024 s. 13.\n\n(1) The Minister may enter into an agreement with an electricity company—\n\n(a) to manage and control; or\n\n(b) to carry out duties, functions and powers related to the company's purpose on—\n\nany reserved land, other than land that is a reference area under the **Reference Areas Act 1978**, that is used, or is to be used, for the purposes of or in connection with the company's purpose.\n\n(2) An agreement under subsection (1)—\n\n(a) must be in writing; and\n\n(b) may be amended from time to time or terminated by further written agreement between the parties; and\n\n(c) must contain provisions with respect to the protection and conservation of the land subject to the agreement.\n\n(3) In this section—\n\nS. 18A(3) def. of *electricity company* amended by No. 69/2000 s. 48(3).\n\n***electricity company*** means a generation company, transmission company or distribution company within the meaning of the **Electricity Industry Act 2000**;\n\n***company's purpose*** means—\n\n(a) in relation to an electricity company that is a generation company, the generation of electricity for the purposes of supply or sale;\n\n(b) in relation to an electricity company that is a transmission company, the transmission of electricity;\n\n(c) in relation to an electricity company that is a distribution company, the distribution or supply of electricity.\n\nS. 18B inserted by No. 66/2000 s. 52, amended by No. 82/2009 s. 25, substituted by No. 62/2010 s. 111.\n\n","sortOrder":49},{"sectionNumber":"18B","sectionType":"section","heading":"Power of Secretary to enter into management agreements","content":"\t18B Power of Secretary to enter into management agreements\n\n(1) The Secretary, with the approval of the Minister, may enter into a management agreement with any person with respect to—\n\n(a) the whole or part of land temporarily or permanently reserved under this Act; or\n\n(b) the carrying out of specified functions, powers or duties in relation to the management of the whole or any part of any land temporarily or permanently reserved under this Act.\n\n(2) An agreement under subsection (1) must not extend to any land that is vested in another person or body or to the carrying out of any function, power or duty in relation to the management of land that is conferred on another person or body.\n\n(3) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—\n\n(a) the management of any land, that is reserved under this Act, that is appointed land of that Board; or\n\n(b) the carrying out of specified functions, powers or duties in relation to the management of any land that is reserved under this Act, that is appointed land of that Board.\n\nS. 18B(4) substituted by No. 19/2018 s. 97.\n\n(4) The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (3) in relation to Parks Victoria recorded land.\n\nS. 18B(4A) inserted by No. 42/2021 s. 49(1).\n\n(4A) The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (3) in relation to land controlled and managed by the Authority.\n\nS. 18B(5) substituted by No. 19/2018 s. 97.\n\n(5) In entering into a management agreement under subsection (3), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the **Conservation, Forests and Lands Act 1987** in relation to the land.\n\nS. 18B(6) inserted by No. 19/2018 s. 97.\n\n(6) If an agreement under subsection (3)—\n\n(a) provides for a Traditional Owner Land Management Board to manage any land that is reserved under this Act and that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or\n\nS. 18B(6)(ab) inserted by No. 42/2021 s. 49(2)(a).\n\n(ab) provides for a Traditional Owner Land Management Board to manage any land that is reserved under this Act and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Authority does not have power to control and manage that land, to the extent of the agreement; or\n\nS. 18B(6)(b) amended by No. 42/2021 s. 49(2)(b).\n\n(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved under this Act and that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement; or\n\nS. 18B(6)(c) inserted by No. 42/2021 s. 49(2)(c).\n\n(c) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved under this Act and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Authority does not have power to carry out that function, power or duty, to the extent of the agreement.\n\nS. 18B(7) inserted by No. 19/2018 s. 97.\n\n(7) Subsection (6) has effect despite any provision of this Act or any other enactment to the contrary.\n\nS. 18C (Heading) amended by No. 19/2018 s. 98(1).\n\nS. 18C  inserted by No. 49/2017 s. 74.\n\n","sortOrder":50},{"sectionNumber":"18C","sectionType":"section","heading":"Obligations of Secretary and Parks Victoria in relation to Yarra River land","content":"\t18C Obligations of Secretary and Parks Victoria in relation to Yarra River land\n\nS. 18C(1) amended by No. 19/2018 s. 98(2).\n\n(1) The Secretary or Parks Victoria—\n\nS. 18C(1)(a) amended by No. 19/2018 s. 98(2).\n\n(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Secretary or Parks Victoria when performing a function or exercising a power under this Act in relation to Yarra River land; and\n\nS. 18C(1)(b) amended by No. 19/2018 s. 98(2).\n\n(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Secretary or Parks Victoria, when performing a function or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.\n\nS. 18C(2) amended by No. 19/2018 s. 98(3), substituted by No. 43/2021 s. 219(Sch. 1 item 3.1).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria in relation to—\n\nS. 18D (Heading) amended by Nos 40/2020 s. 10(1), 42/2021 s. 50(1).\n\nS. 18D  inserted by No. 17/2018 s. 11.\n\n","sortOrder":51},{"sectionNumber":"18D","sectionType":"section","heading":"Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas","content":"\t18D Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas\n\nS. 18D(1) amended by Nos 40/2020 s. 10(2), 42/2021 s. 50(2)(a).\n\n(1) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—\n\nS. 18D(1)(a) amended by Nos 40/2020 s. 10(3), 42/2021 s. 50(2)(b).\n\n(a) must not act inconsistently with any part  \nof a Statement of Planning Policy that is expressed to be binding on the Secretary, Parks Victoria or the Authority (as the case requires); and\n\nS. 18D(1)(b) amended by Nos 40/2020 s. 10(3), 42/2021 s. 50(2)(b).\n\n(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Secretary, Parks Victoria or the Authority (as the case requires); and\n\n(c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**.\n\nS. 18D(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.2).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria in relation to—\n\nS. 18E inserted by No. 19/2020 s. 87.\n\n","sortOrder":52},{"sectionNumber":"18E","sectionType":"section","heading":"Obligations of land manager in relation to the Great Ocean Road region","content":"\t18E Obligations of land manager in relation to the Great Ocean Road region\n\n(1) The land manager, when performing a function or duty or exercising a power under this Act or any other Act—\n\n(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and\n\n(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and\n\n(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**.\n\nNo. 6284 s. 22B.\n\n","sortOrder":53},{"sectionNumber":"19","sectionType":"section","heading":"Trustees of permanent reserves may surrender land to Crown","content":"\t19 Trustees of permanent reserves may surrender land to Crown\n\nS. 19(1) amended by No. 25/2023 s. 7(Sch. 1 item 8.5).\n\n(1) Where any land permanently reserved under section 4 has been granted to trustees, the trustees for the time being, with the consent in writing of the Governor in Council and any lessee of the land, may notwithstanding any encumbrances trusts conditions restrictions limitations or reservations contained in the Crown grant thereof surrender the land to His Majesty.\n\n(2) Upon the surrender of any land pursuant to this section the Crown grant of the land shall be revoked made void and annulled and the land shall be deemed to be unalienated land of the Crown freed and discharged from all encumbrances trusts conditions restrictions limitations and reservations.\n\n(3) Where land is surrendered pursuant to this section—\n\n(a) the permanent reservation of the land under section 4 shall not be affected;\n\n(b) the committee of management (if any) of the land shall continue to be the committee of management thereof;\n\n(c) the trustees shall be freed and discharged from all further duties and liabilities under the trust in respect of the land.\n\nNo. 6292 s. 22.\n\nS. 19(4) amended by No. 80/1988 s. 55(2).\n\n(4) Nothing in this section shall limit the operation of section 42 of the **Libraries Act 1988**.\n\nS. 20 (Heading) inserted by No. 7/2012 s. 20(1).\n\n","sortOrder":54},{"sectionNumber":"20","sectionType":"section","heading":"Procuring of forest produce on reserved land","content":"\t20 Procuring of forest produce on reserved land\n\nS. 20(1) amended by Nos 41/1987 s. 103(Sch. 4 item 9.18), 76/1998 s. 6(h), 48/2004 s. 134.\n\n(1) Notwithstanding anything in the **Forests Act 1958** the Secretary shall not use or permit or authorize any person or body to use any land reserved under section 4 for the procuring or the production of any forest produce (within the meaning of the **Forests Act 1958**) without the prior consent of the person or body having control and management of the land.\n\nS. 20(1A) inserted by No. 46/2012 s. 15.\n\n(1A) Subsection (1) does not apply to a determination of a firewood collection area by the Secretary under section 21P.\n\nS. 20(2) amended by Nos 41/1987 s. 103(Sch. 4 item 9.18), 76/1998 s. 6(h), repealed by No. 7/2012 s. 20(2).\n\nS. 20(3) amended by Nos 41/1987 s. 103(Sch. 4 item 9.18), 76/1998 s. 6(h), repealed by No. 7/2012 s. 20(3).\n\nS. 20A inserted by No. 62/2010 s. 112.\n\n","sortOrder":55},{"sectionNumber":"20A","sectionType":"section","heading":"Land to be managed consistently with joint management plan","content":"\t20A Land to be managed consistently with joint management plan\n\nIf any appointed land of a Traditional Owner Land Management Board constitutes the whole or a part of land reserved under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.\n\nNo. 6284 s. 224.\n\nS. 21 amended by Nos 96/1994 s. 48(e), 31/2013 s. 4 (ILA s. 39B(1)).\n\n","sortOrder":56},{"sectionNumber":"21","sectionType":"section","heading":"Trustees of reserves to be deemed occupiers","content":"\t21 Trustees of reserves to be deemed occupiers\n\nS. 21(1) amended by No. 30/2014 s. 12.\n\n(1) The word ***owners*** in section 16 of the **Fences Act 1968** shall for the purposes of that section be deemed to include the trustees or persons having the care control or management of any land whether permanently reserved or not.\n\nS. 21(2) inserted by No. 31/2013 s. 4(2).\n\n(2) Subsection (1) as in force immediately before the commencement of section 4 of the **Justice Legislation Amendment Act 2013** continues to apply in relation to a right or liability arising in relation to a fence or proposed fence for which a notice to fence was served under section 6 of the **Fences Act 1968** before that commencement.\n\nS. 21AA inserted by No. 53/2014 s. 9.\n\n\t21AA Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land\n\n(1) A person must not—\n\n(a) construct, remove or alter a levee on land reserved under this Act; or\n\n(b) carry out maintenance on a levee on land reserved under this Act.\n\nPenalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.\n\n(2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—\n\n(a) in the performance of a function under this Act or the regulations; or\n\n(b) that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act.\n\nS. 21AA(2A) inserted by No. 43/2015 s. 35.\n\n(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the **Victoria State Emergency Service Act 2005**.\n\n(3) Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit.\n\n(4) In this section—\n\n***levee*** has the same meaning as in Part 5AA of the **Water Act 1989**;\n\n***levee maintenance permit*** has the same meaning as in the **Water Act 1989**;\n\n***maintenance*** has the same meaning as in Part 5AA of the **Water Act 1989**.\n\nS. 21AB  inserted by No. 49/2017 s. 75.\n\n\t21AB Obligations of committees of management and trustees in relation to Yarra River land\n\n(1) A committee of management or trustees in relation to land that forms part of Yarra River land—\n\n(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the committee or trustees when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and\n\n(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the committee of management or trustees, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.\n\nS. 21AB(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.3).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a committee of management or trustees in relation to—\n\nS. 21AC  inserted by No. 17/2018 s. 12.\n\n\t21AC Obligations of committees of management and trustees in relation to declared areas\n\n(1) A committee of management or trustees in relation to land that forms part of a declared area, when performing a function or duty or exercising a power under this Act in relation to that declared area—\n\n(a) must not act inconsistently with any part  \nof a Statement of Planning Policy that is expressed to be binding on the committee of management or trustees; and\n\n(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the committee of management or trustees; and\n\n(c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**.\n\nS. 21AC(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.4).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a committee of management or trustees in relation to—\n\nPt 3A (Heading and ss 21A–21J) inserted by No. 40/2009 s. 15.\n\nPart 3A—Tour operator licences\n\nS. 21AD inserted by No. 42/2021 s. 51.\n\n\t21AD Definition for this Part\n\n***land manager***, in relation to land in the Great Ocean Road coast and parks on and from 1 July 2023, means the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 21A inserted by No. 40/2009 s. 15.\n\n","sortOrder":57},{"sectionNumber":"21A","sectionType":"section","heading":"Offence to conduct organised tour or recreational activity on reserved land if unlicensed","content":"\t21A Offence to conduct organised tour or recreational activity on reserved land if unlicensed\n\n(1) A person must not conduct an organised tour or recreational activity for profit on land reserved under section 4 unless that person holds a tour operator licence.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\n(2) Subsection (1) does not apply to a person who conducts an activity on land reserved under section 4 and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.\n\n(3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).\n\nS. 21B inserted by No. 40/2009 s. 15.\n\n","sortOrder":58},{"sectionNumber":"21B","sectionType":"section","heading":"Grant of tour operator licence","content":"\t21B Grant of tour operator licence\n\n(1) The land manager, with the approval of the Minister in writing, may grant a licence to a person to conduct an organised tour or recreational activity for profit on land reserved under section 4 to a person who has applied under section 21C.\n\n(2) The land manager may grant a licence under subsection (1) for a period not exceeding 10 years.\n\nS. 21C inserted by No. 40/2009 s. 15.\n\n","sortOrder":59},{"sectionNumber":"21C","sectionType":"section","heading":"Application for tour operator licence","content":"\t21C Application for tour operator licence\n\n(1) A person may apply for a tour operator licence to the land manager of the land reserved under section 4 on which the proposed tour or recreational activity is to take place.\n\n(2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.\n\n(3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.\n\nS. 21D inserted by No. 40/2009 s. 15.\n\n","sortOrder":60},{"sectionNumber":"21D","sectionType":"section","heading":"Requirement to pay annual licence fees after grant of tour operator licence","content":"\t21D Requirement to pay annual licence fees after grant of tour operator licence\n\n(1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.\n\n(2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations.\n\nS. 21E inserted by No. 40/2009 s. 15.\n\n","sortOrder":61},{"sectionNumber":"21E","sectionType":"section","heading":"Tour operator licence conditions","content":"\t21E Tour operator licence conditions\n\nA tour operator licence is subject to—\n\n(a) any conditions determined by the land manager that are specified or referred to in the licence; and\n\n(b) any prescribed conditions.\n\nS. 21F inserted by No. 40/2009 s. 15.\n\n","sortOrder":62},{"sectionNumber":"21F","sectionType":"section","heading":"Contravention of condition an offence","content":"\t21F Contravention of condition an offence\n\nA holder of a tour operator licence must not contravene the conditions of the licence.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nS. 21G inserted by No. 40/2009 s. 15.\n\n","sortOrder":63},{"sectionNumber":"21G","sectionType":"section","heading":"Variation of tour operator licence","content":"\t21G Variation of tour operator licence\n\n(1) The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence.\n\n(2) On receiving the application under subsection (1), the land manager may vary the licence or condition in accordance with the application.\n\n(3) A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder.\n\n(4) The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required.\n\n(5) A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder.\n\nS. 21H inserted by No. 40/2009 s. 15.\n\n","sortOrder":64},{"sectionNumber":"21H","sectionType":"section","heading":"Suspension of tour operator licence","content":"\t21H Suspension of tour operator licence\n\n(1) If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend a tour operator licence by notice in writing given to the holder of the licence.\n\n(2) A suspension under this section has effect—\n\n(a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and\n\n(b) subject to section 21I, for the period (not exceeding 90 days) specified in the notice.\n\n(3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—\n\n(a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;\n\n(b) specify a date or period by which the submissions must be made.\n\nS. 21I inserted by No. 40/2009 s. 15.\n\n","sortOrder":65},{"sectionNumber":"21I","sectionType":"section","heading":"Making submissions on suspension","content":"\t21I Making submissions on suspension\n\n(1) The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence.\n\n(2) The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1).\n\n(3) In carrying out a review under subsection (2), the land manager—\n\n(a) must have regard to the submissions made under subsection (1); and\n\n(b) may decide to continue, revoke or amend the suspension.\n\n(4) The land manager must notify the person whose licence has been suspended of the outcome of review.\n\nS. 21J inserted by No. 40/2009 s. 15.\n\n","sortOrder":66},{"sectionNumber":"21J","sectionType":"section","heading":"Cancellation of tour operator licence","content":"\t21J Cancellation of tour operator licence\n\n(1) The land manager may cancel a tour operator licence if the land manager is satisfied, on reasonable grounds, that—\n\n(a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or\n\n(b) the holder of the licence has contravened a condition of the licence.\n\n(2) Before cancelling a tour operator licence, the land manager must—\n\n(a) notify the holder that the land manager proposes to cancel the licence; and\n\n(b) allow the holder of the licence an opportunity to make either oral or written submissions.\n\n(3) Submissions under subsection (2) must be made within the period specified in the notice.\n\n(4) In making a decision as to whether or not to cancel a tour operator licence, the land manager must—\n\n(a) have regard to any submissions made under subsection (2) within the period specified in the notice; and\n\nS. 21J(4)(b) amended by No. 47/2025 s. 22.\n\n(b) must notify the holder of the land manager's decision.\n\n(5) The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given.\n\nPt 3B (Heading and ss 21K–21Z) inserted by No. 46/2012 s. 16.\n\n","sortOrder":67},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Cutting or taking away fallen or felled trees for domestic use as firewood","content":"Part 3B—Cutting or taking away fallen or felled trees for domestic use as firewood\n\nS. 21K inserted by No. 46/2012 s. 16.\n\n","sortOrder":68},{"sectionNumber":"21K","sectionType":"section","heading":"Definitions","content":"\t21K Definitions\n\n***nominating person*** means a person who—\n\n(a) in accordance with section 21M nominates another person to cut and take away fallen or felled trees; or\n\n(b) in accordance with section 57R of the **Forests Act 1958** nominates another person to cut and take away fallen or felled trees;\n\n***nominee*** means a person nominated—\n\n(a) in accordance with section 21M to cut and take away fallen or felled trees on behalf of the nominating person; or\n\n(b) in accordance with section 57R of the **Forests Act 1958** to cut and take away fallen or felled trees on behalf of the nominating person.\n\nS. 21L inserted by No. 46/2012 s. 16.\n\n","sortOrder":69},{"sectionNumber":"21L","sectionType":"section","heading":"Offence to cut or take away fallen or felled trees outside firewood collection area and season","content":"\t21L Offence to cut or take away fallen or felled trees outside firewood collection area and season\n\n(1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees from land reserved under this Act.\n\n(2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees from land reserved under this Act.\n\n(3) Subsections (1) and (2) do not apply to a person who—\n\n(a) cuts or takes away fallen or felled trees from land reserved under this Act in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or\n\n(b) cuts or takes away fallen or felled trees from land reserved under this Act in accordance with the regulations or regulations under any other Act.\n\n(4) Subsections (1) and (2) do not apply to a person who cuts or takes away fallen or felled trees if—\n\n(a) the person cuts or takes away the fallen or felled trees—\n\n(i) in a firewood collection area; and\n\n(ii) during a firewood collection season applying to that area; and\n\n(b) the person cuts or takes away the fallen or felled trees for domestic use as firewood in the person's household or a nominating person's household.\n\nS. 21M inserted by No. 46/2012 s. 16.\n\n","sortOrder":70},{"sectionNumber":"21M","sectionType":"section","heading":"Person may nominate another to cut and take away fallen or felled trees for firewood","content":"\t21M Person may nominate another to cut and take away fallen or felled trees for firewood\n\nS. 21M(1) amended by No. 47/2025 s. 23.\n\n(1) A person who is unable to cut and take away fallen or felled trees may nominate another person to cut and take away fallen or felled trees on the person's behalf.\n\n(2) A nomination under subsection (1) must—\n\n(a) be made in the prescribed form; and\n\n(b) specify the maximum amount (not exceeding 16 cubic metres) of fallen or felled trees that may be cut and taken away by the nominee in a financial year.\n\n(3) A person must not specify a maximum amount of fallen or felled trees in a nomination if that amount would exceed 16 cubic metres for a financial year when added to all maximum amounts specified in—\n\n(a) any other nominations made by the person, whether under this section or section 57R of the **Forests Act 1958**; and\n\n(b) any nominations made by members of the person's household, whether under this section or section 57R of the **Forests Act 1958**.\n\n(4) A person must not nominate another person to cut and take away fallen or felled trees other than for domestic use for firewood in the nominating person's household.\n\n(5) A person nominated to cut and take away fallen or felled trees must not request or accept payment or reward for the cutting and taking away of fallen or felled trees.\n\nS. 21N inserted by No. 46/2012 s. 16.\n\n","sortOrder":71},{"sectionNumber":"21N","sectionType":"section","heading":"Firewood collection season","content":"\t21N Firewood collection season\n\nSubject to section 21O, the following firewood collection seasons apply in each financial year to a firewood collection area—\n\n(a) the period commencing on 1 September and ending on 30 November; and\n\n(b) the period commencing on 1 March and ending on 30 June.\n\nS. 21O inserted by No. 46/2012 s. 16.\n\n","sortOrder":72},{"sectionNumber":"21O","sectionType":"section","heading":"Secretary may vary firewood collection season","content":"\t21O Secretary may vary firewood collection season\n\n(1) The Secretary may make a determination varying the commencement date or end date of a firewood collection season in a particular financial year as it applies to—\n\n(a) all firewood collection areas; or\n\n(b) all firewood collection areas located in a specified regional park.\n\n(2) The Secretary must not make a determination under subsection (1) unless the Secretary considers the variation is necessary because of a condition, or likely condition, of fire danger that poses risk, or is likely to pose risk, to public safety.\n\n(3) A determination varying a firewood collection season must be published in the Government Gazette.\n\n(4) A determination varying a firewood collection season comes into operation on—\n\n(a) the date on which it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\nS. 21P inserted by No. 46/2012 s. 16.\n\n","sortOrder":73},{"sectionNumber":"21P","sectionType":"section","heading":"Secretary may determine firewood collection areas","content":"\t21P Secretary may determine firewood collection areas\n\n(1) Subject to subsection (2), the Secretary may determine an area of land to be a firewood collection area if it is—\n\n(a) part of the land described in Division 2A of Part 4A of the Fifth Schedule; or\n\n(b) part of the land described in Division 5 of Part 4A of the Fifth Schedule.\n\n(2) Before determining an area of land to be a firewood collection area, the Secretary must consult  the person or body having control and management of the land unless that person or body is the Secretary.\n\n(3) A determination under subsection (1) must identify the part of the land to which it applies by reference to a plan lodged in the Central Plan Office.\n\n(4) For the purposes of subsection (3), the determination may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—\n\n(a) wholly or partly; or\n\n(b) as formulated, issued, prescribed or published at the time the determination was made or at any time before that time.\n\n(5) If the Secretary is satisfied that it is necessary for management of the supply of fallen or felled trees for domestic use as firewood in a region of the State, a determination of a firewood collection area located in that region may specify a class or classes of persons who may, or whose nominees may, cut and take away fallen or felled trees in that firewood collection area.\n\n(6) The Secretary may—\n\n(a) amend a determination made under subsection (1);\n\n(b) revoke a determination made under subsection (1), including by providing for a date of revocation in the determination.\n\n(7) A determination of a firewood collection area, or an amendment or revocation of a determination of a firewood collection area, must be published in the Government Gazette.\n\n(8) A determination of a firewood collection area, or an amendment or revocation of a determination, comes into operation on—\n\n(a) the date on which it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\nS. 21Q inserted by No. 46/2012 s. 16.\n\n","sortOrder":74},{"sectionNumber":"21Q","sectionType":"section","heading":"Identification of firewood collection areas","content":"\t21Q Identification of firewood collection areas\n\n(1) As soon as practicable after a determination made under section 21P(1) comes into operation, the Secretary must cause signs or notices informing the public of the determination to be displayed at the firewood collection area in such a place and manner that the signs or notices are reasonably likely to be seen by any person entering the area.\n\n(2) As soon as practicable after an amendment of a determination made under section 21P(1) comes into operation, the Secretary must cause the signs or notices displayed at the firewood collection area to be amended.\n\n(3) As soon as practicable after a determination made under section 21P(1) is revoked, the Secretary must cause the removal of signs or notices displayed at the firewood collection area.\n\n(4) If the determination specifies a class or classes of person who may, or whose nominees may, cut and take away fallen or felled trees in a firewood collection area, the signs or notices must include that information.\n\n(5) If the firewood collection area is located in a region to which a determination under section 57ZA(1) of the **Forests Act 1958** applies, the signs or notices must state the maximum amount of fallen or felled trees that may be cut and taken away in firewood collection areas in that region in a financial year for domestic use as firewood in a household.\n\nS. 21R inserted by No. 46/2012 s. 16.\n\n\t21R Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member\n\n(1) If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—\n\n(a) the person is a member of a class specified in the determination; or\n\n(b) the person is a nominee and the nominating person is a member of a class specified in the determination.\n\n(2) If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away more than 2 cubic metres of fallen or felled trees unless—\n\n(a) the person is a member of a class specified in the determination; or\n\n(b) the person is a nominee and the nominating person is a member of a class specified in the determination.\n\nS. 21S inserted by No. 46/2012 s. 16.\n\n","sortOrder":75},{"sectionNumber":"21S","sectionType":"section","heading":"Offences as to amount of fallen or felled trees cut or taken away in a day","content":"\t21S Offences as to amount of fallen or felled trees cut or taken away in a day\n\n(1) A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day.\n\n(2) A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away 4 cubic metres or more of fallen or felled trees in a day.\n\n(3) Subsections (1) and (2) apply whether or not the person cuts or takes away fallen or felled trees as a nominee.\n\n(4) In this section and sections 21T to 21V—\n\n***firewood collection area*** includes a firewood collection area determined under section 57U of the **Forests Act 1958**;\n\n***firewood collection season*** includes a firewood collection season within the meaning of the **Forests Act 1958**.\n\nS. 21T inserted by No. 46/2012 s. 16.\n\n","sortOrder":76},{"sectionNumber":"21T","sectionType":"section","heading":"Household limit of fallen or felled trees cut or taken away in a financial year","content":"\t21T Household limit of fallen or felled trees cut or taken away in a financial year\n\nIn a financial year, a person must not, in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.\n\nS. 21U inserted by No. 46/2012 s. 16.\n\n","sortOrder":77},{"sectionNumber":"21U","sectionType":"section","heading":"Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations","content":"\t21U Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations\n\n(1) In a financial year, a person must not nominate another person under section 21M to cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.\n\n(2) In a financial year, a nominating person must not specify in a nomination under section 21M an amount of fallen or felled trees that, when added to the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household would exceed 16 cubic metres.\n\n(3) In a financial year, a nominee must not in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the nominee has previously cut or taken away the amount of fallen or felled trees specified as the maximum amount in the nomination under section 21M.\n\nS. 21V inserted by No. 46/2012 s. 16.\n\n","sortOrder":78},{"sectionNumber":"21V","sectionType":"section","heading":"Limit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions","content":"\t21V Limit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions\n\n(1) In a financial year, a person must not in any one or more firewood collection areas in a region to which a determination under section 57ZA(1) of the **Forests Act 1958** applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household has reached at least the limit determined under section 57ZA(1) of the **Forests Act 1958**.\n\n(2) In a financial year, a nominee must not in any one or more firewood collection areas in a region to which a determination under section 57ZA(1) of the **Forests Act 1958** applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away by the nominee in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in the nominating person's household has reached at least the limit determined under section 57ZA(1) of the **Forests Act 1958**.\n\nS. 21W inserted by No. 46/2012 s. 16.\n\n","sortOrder":79},{"sectionNumber":"21W","sectionType":"section","heading":"Offence to sell fallen or felled trees","content":"\t21W Offence to sell fallen or felled trees\n\n(1) A person must not sell fallen or felled trees that the person has cut and taken away in a firewood collection area during a firewood collection season.\n\n(2) A nominating person must not sell fallen or felled trees that that person's nominee has cut and taken away in a firewood collection area during a firewood collection season.\n\nS. 21X inserted by No. 46/2012 s. 16.\n\n","sortOrder":80},{"sectionNumber":"21X","sectionType":"section","heading":"Offences relating to conduct in a firewood collection area","content":"\t21X Offences relating to conduct in a firewood collection area\n\n(1) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow.\n\n(2) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi.\n\n(3) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees other than during the period—\n\n(a) commencing 30 minutes before sunrise on a day; and\n\n(b) ending 30 minutes after sunset on the same day.\n\n(4) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres at a height of 1·3 metres above the ground.\n\nPenalty: 50 penalty units.\n\n(5) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of 15 centimetres or more at a height of 1·3 metres above the ground.\n\nS. 21Y inserted by No. 46/2012 s. 16.\n\n","sortOrder":81},{"sectionNumber":"21Y","sectionType":"section","heading":"Production of nomination if requested by authorised officer","content":"\t21Y Production of nomination if requested by authorised officer\n\nA nominee must not, without reasonable excuse, fail to produce the nomination form if requested by an authorised officer.\n\nPenalty: 5 penalty units.\n\nS. 21Z inserted by No. 46/2012 s. 16.\n\n","sortOrder":82},{"sectionNumber":"21Z","sectionType":"section","heading":"No offence if authorised by licence or authorisation etc. or regulations","content":"\t21Z No offence if authorised by licence or authorisation etc. or regulations\n\nSections 21R, 21S, 21T, 21V, 21W and 21X do not apply to a person who—\n\n(a) cuts or takes away fallen or felled trees from land reserved under this Act in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or\n\n(b) cuts or takes away fallen or felled trees from land reserved under this Act in accordance with the regulations or regulations under any other Act.\n\n","sortOrder":83},{"sectionNumber":"Part 4","sectionType":"part","heading":"Special provisions relating to certain reserved land","content":"Part 4—Special provisions relating to certain reserved land\n\n*Land used for horse racing or greyhound racing or purposes connected therewith*\n\nNo. 6284 s. 222A.\n\n\t22 Power of trustees and committee of management regarding horse racing or greyhound racing\n\n(1) Notwithstanding anything in this Act the trustees or the committee of management of any land reserved either temporarily or permanently under section 4 and used for horse racing (including trotting) or greyhound racing may from time to time grant leases or licences of such land or any part thereof for the purposes of horse racing or greyhound racing or purposes connected therewith (including the stabling and training of race horses and the training of greyhounds).\n\n(2) A lease or licence under this section—\n\n(a) shall be subject to such conditions covenants exceptions and reservations as the trustees or the committee of management think fit;\n\n(b) shall be for a term not exceeding 21 years; and\n\n(c) shall be subject to approval of the Governor in Council.\n\n(3) The moneys received by way of rent under a lease or licence granted under this section shall be applied by the trustees or the committee of management towards the maintenance and improvement of the reserved land.\n\n(4) No person shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement or of any act matter or thing under this section.\n\n*Land reserved for an aerodrome or landing ground*\n\nNo. 6284 s. 222B.\n\n\t23 Powers of committee of management of land reserved for an aerodrome\n\n(1) Notwithstanding anything in this Act the committee of management of any land reserved either temporarily or permanently as a site for an aerodrome or landing ground for aircraft under section 4 may from time to time—\n\n(a) grant leases of such land or any part thereof for the purposes of the reservation including the provision of facilities and services for the operation fuelling and maintenance of aircraft, for the comfort and convenience of persons who patronize the aerodrome and for flying clubs and flying schools; and\n\n(b) enter into agreements to operate services and facilities for and consistent with the purposes of the reservation for a period not exceeding ten years.\n\n(2) A lease or agreement under this section shall contain such conditions covenants exceptions and reservations as the committee of management thinks fit.\n\n(3) A lease granted under this section shall be for a term not exceeding 21 years and shall be subject to approval by the Governor in Council.\n\n(4) The moneys received under a lease or agreement under this section shall be applied by the committee of management towards the maintenance and improvement of the reserved land or towards the erection of buildings and facilities associated with the operation and management of the aerodrome or landing ground.\n\n(5) No person or body of persons whosoever or whatsoever shall be entitled to receive or shall receive from the Crown any money or consideration by way of compensation in respect of any improvement whatsoever or of any act matter or thing under this section.\n\n*Marinas*\n\ns. 222C.\n\n\t24 Authority and agreement to construct a marina\n\nS. 24(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.12), 58/2010 s. 47.\n\n(1) Notwithstanding anything in any Act where a Council is a committee of management of any Crown land described in the Third Schedule it shall have authority to construct a marina on such land.\n\nS. 24(2) amended by Nos 10087 s. 3(1)(Sch. 1 item 33), 12/1989 s. 4(1)(Sch. 2 item 21.12), 46/1998 s. 7(Sch. 1), 58/2010 s. 47.\n\n(2) Before constructing a marina a Council shall enter into an agreement with the Minister administering the **Planning and Environment Act 1987** and the Minister administering the **Crown Land (Reserves) Act 1978**.\n\n(3) Such an agreement may provide for inter alia—\n\n(i) the control care and management of the marina;\n\n(ii) the construction operation and maintenance of the facilities to be provided;\n\n(iii) the granting of concessions to operate facilities for and consistent with the purposes of the marina;\n\n(iv) the granting of permits for the use of the facilities of the marina; and\n\n(v) the maintenance of structures and facilities within the marina.\n\n(4) In this section—\n\n***marina*** means an area where facilities are provided for the launching landing berthing mooring storing repairing and provisioning of boats the parking of boats motor vehicles and trailers and the fuelling and servicing of boats.\n\nSs 25–28 repealed.[[1]](#endnote-2)\n\n*Land leased to bodies corporate for sport recreation or social activities*\n\n\t29 Power to Treasurer to guarantee certain loans\n\nNo. 6284 s. 224A.\n\n(1) Where—\n\n(a) land of the Crown has been reserved pursuant to section 4; and\n\n(b) the trustees or committee of management (as the case may be) of the land have, pursuant to the provisions of any Act, granted a lease of the land or any portion thereof to a body corporate for the purposes of sport or recreation or social activities or for purposes connected therewith; and\n\n(c) the body corporate is desirous of obtaining a loan for the purpose of building or improving public amenities on the land—\n\nthe Treasurer, on the recommendation of the Minister, may execute in favour of any person a guarantee guaranteeing the repayment of any loan to be made to the body corporate for that purpose.\n\n(2) The provisions of subsection (1) shall not apply in respect of a loan of an amount less than $100 000.\n\n(3) A guarantee by the Treasurer pursuant to this section—\n\nS. 29(3)(a) amended by No. 47/2025 s. 24.\n\n(a) shall be in such form and subject to such terms and conditions as the Treasurer thinks fit; and\n\n(b) may extend to any interest charges and expenses chargeable by the person making the loan and to the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and payment of any such interest charges and expenses.\n\n(4) Any moneys which may from time to time become payable by the Treasurer under any guarantee pursuant to this section shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.\n\nHeading preceding s. 29A inserted by No. 9380 s. 2(b).\n\n*Mineral springs*\n\nS. 29A inserted by No. 9380 s. 2(b).\n\n","sortOrder":84},{"sectionNumber":"29A","sectionType":"section","heading":"Lease of mineral spring reserves","content":"\t29A Lease of mineral spring reserves\n\n(1) Notwithstanding anything in this Act the committee of management of a mineral springs reserve or, where there is no committee of management of a mineral springs reserve, the Governor in Council may grant leases to persons for the purposes of—\n\n(a) the collection preparation sale and removal of mineral water; or\n\n(b) the operation of mineral water baths spa therapy centres kiosks or other amenities.\n\n(2) A lease under this section—\n\n(a) may be granted for a term not exceeding 21 years or in a case where a certificate has been obtained from the Minister under subsection (4) for a period not exceeding 99 years;\n\n(b) shall be subject to such covenants conditions reservations restrictions and exceptions as the committee of management or the Governor in Council (as the case may be) thinks fit;\n\n(c) shall, if granted by a committee of management provide for the payment of such consideration as the Minister approves; and\n\n(d) shall if granted by a committee of management be subject to the prior approval of the Governor in Council given on the recommendation of the Minister.\n\n(3) In fixing the term of a lease regard shall be had to the expenditure to be incurred by a lessee under the terms of the lease.\n\nS. 29A(4) amended by No. 47/2025 s. 25.\n\n(4) The Minister may certify that in the Minister's opinion any buildings erected or to be erected under the covenants of a lease in a particular case are of such substantial nature and high value as to justify a lease for a term exceeding 21 years.\n\nS. 29B inserted by No. 9380 s. 2(b).\n\n","sortOrder":85},{"sectionNumber":"29B","sectionType":"section","heading":"Agreements as to the taking and removal of mineral waters","content":"\t29B Agreements as to the taking and removal of mineral waters\n\nS. 29B(1) amended by No. 81/1989 s. 3(Sch. item 8.5).\n\n(1) Where the committee of management of a mineral springs reserve is the holder of a licence under the **Water Act 1989** to take and use water from a bore it may enter into agreements with any person providing for the taking and removal of mineral water by conducting it through pipes or otherwise.\n\n(2) A committee of management of a mineral springs reserve may enter into agreements with any person being the holder of a groundwater licence under the **Groundwater Act 1969**, providing for the taking and removal of mineral water by conducting it through pipes or otherwise.\n\n(3) An agreement under this section—\n\n(a) shall be for a term not exceeding ten years; and\n\n(b) shall be subject to such terms conditions covenants reservations restrictions and exceptions including provisions for the payment of such consideration as the Minister approves.\n\nS. 29C inserted by No. 9380 s. 2(b).\n\n","sortOrder":86},{"sectionNumber":"29C","sectionType":"section","heading":"Application of moneys received under a lease","content":"\t29C Application of moneys received under a lease\n\nMoneys received under a lease granted by a committee of management under section 29A or an agreement under section 29B shall be applied by the committee of management in accordance with section 15(1)(e) or (f).\n\nS. 29D inserted by No. 9380 s. 2(b), amended by No. 47/2025 s. 26.\n\n","sortOrder":87},{"sectionNumber":"29D","sectionType":"section","heading":"Minister may appoint an advisory committee","content":"\t29D Minister may appoint an advisory committee\n\nThe Minister may appoint an advisory committee consisting of officers of any government department or statutory authority concerned with mineral springs or mineral water and such other persons as the Minister thinks fit to report to the Minister before any lease or agreement is entered into pursuant to section 29A or section 29B.\n\nS. 29E inserted by No. 9380 s. 2(b), amended by Nos 81/1989 s. 3(Sch. item 8.6), 121/1994 s. 207(5).\n\n","sortOrder":88},{"sectionNumber":"29E","sectionType":"section","heading":"Operation of Water Act 1989","content":"\t29E Operation of Water Act 1989\n\nNothing in this Act shall affect the operation of the **Water Act 1989** or the **Water Industry Act 1994**.\n\nHeading preceding s. 29F inserted by No. 60/2005 s. 20, substituted by No. 57/2006 s. 17.\n\n*Management and other powers in particular reserves*\n\nS. 29F inserted by No. 60/2005 s. 20.\n\n","sortOrder":89},{"sectionNumber":"29F","sectionType":"section","heading":"Control and management of structures and installations","content":"\t29F Control and management of structures and installations\n\nS. 29F(1) amended by Nos 57/2006 s. 18, 54/2008 s. 15.\n\n(1) The Minister, with the agreement of the Minister administering the **Water Act 1989**, may enter into an agreement with Melbourne Water Corporation to manage and control any structures and installations in the reserve described in Division 9 of Part 1 of the Fifth Schedule or Division 7 or 8 of Part 3 of the Fifth Schedule that are specified in the agreement.\n\n(2) For the purposes of giving effect to an agreement under subsection (1), Melbourne Water Corporation may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control any structure or installation specified in the agreement.\n\n(3) In this section ***structures and installations*** includes, but is not limited to, dam embankments, spillways, outlet structures, pipelines, buildings, and survey and geotechnical monitoring points.\n\nS. 29G  \n(Heading) substituted by No. 82/2009 s. 26(1).\n\nS. 29G inserted by No. 57/2006 s. 19.\n\n","sortOrder":90},{"sectionNumber":"29G","sectionType":"section","heading":"Control and management of water authority structures etc. in specified regional parks","content":"\t29G Control and management of water authority structures etc. in specified regional parks\n\nS. 29G(1) amended by No. 82/2009 s. 26(2)(3).\n\n(1) The Minister, with the agreement of the Minister administering the **Water Act 1989**, may enter into an agreement with an authority (within the meaning of that Act) to manage and control any structures and installations or any drainage basins in the reserve described in Division 1, Division 2A, Division 3, Division 4 or Division 5 of Part 4A of the Fifth Schedule, or to construct any new structures or installations on that land, and that are specified in the agreement.\n\n(2) For the purposes of giving effect to an agreement under subsection (1), the authority may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control any structure or installation specified in the agreement.\n\n(3) In this section, ***structures and installations*** includes, but is not limited to, weirs, channels, pipelines, buildings, water gauging stations, and survey and geotechnical monitoring points.\n\nS. 29H inserted by No. 57/2006 s. 19.\n\n","sortOrder":91},{"sectionNumber":"29H","sectionType":"section","heading":"Water distribution works authority—Bendigo Regional Park","content":"  29H Water distribution works authority—Bendigo Regional Park\n\n(1) The Minister may grant an authority to a person to install, operate or manage works for the purposes of conveying water over any part of the land described in Division 1 of Part 4A of the Fifth Schedule.\n\n(2) An authority under subsection (1) may be granted for the term determined by the Minister.\n\n(3) An authority under subsection (1) is subject to—\n\n(a) any conditions the Minister thinks fit to impose; and\n\n(b) the payment of any fee or charge determined by the Minister.\n\n(4) An authority under subsection (1) may be cancelled by the Minister if the holder does not comply with a condition of the authority.\n\n(5) The holder of an authority under subsection (1) must not transfer the authority unless the holder has first obtained the consent of the Minister.\n\n(6) Despite the commencement of section 26(4) of the **National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006**, a person who was using works for the purposes of conveying water over any part of the land described in Division 1 of Part 4A of the Fifth Schedule immediately before the commencement of that section may continue to use those works for that purpose for 12 months after the commencement of that section or until the Minister grants an authority under this section (whichever is the earlier).\n\n(7) Any use of works under subsection (6) is subject to the conditions that applied to that use immediately before the commencement of section 26(4) of the **National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006**.\n\nS. 29HA inserted by No. 82/2009 s. 27.\n\n\t29HA Works under water licences—Murray River Park\n\n(1) A licence under section 51 or 67 of the **Water Act 1989** that authorises the construction, installation, operation, alteration, removal or decommissioning of works on any of the land in the Murray River Park must not be issued except with the consent of the Minister and subject to any conditions the Minister thinks fit to impose.\n\n(2) In this section, ***Murray River Park*** means the land described in Division 2A of Part 4A of the Fifth Schedule.\n\nS. 29I inserted by No. 57/2006 s. 19.\n\n  29I Dam licences—Bendigo Regional Park\n\n(1) The Minister may grant a licence to any person to use land for a dam on any part of the land described in Division 1 of Part 4A of the Fifth Schedule, if that land was used for a dam immediately before the commencement of section 26(4) of the **National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006**.\n\n(2) A licence under subsection (1) may be granted for a term of not more than 3 years.\n\n(3) A licence under subsection (1) is subject to—\n\n(a) any conditions that the Minister thinks fit to impose; and\n\n(b) the payment of any fee or charge determined by the Minister.\n\n(4) A licence under subsection (1) may be cancelled by the Minister if the holder does not comply with a condition of the licence.\n\n(5) The holder of a licence under subsection (1) must not transfer the licence unless the holder has first obtained the consent of the Minister.\n\nS. 29IA inserted by No. 82/2009 s. 28.\n\n\t29IA Works under water licences—Kerang and Shepparton Regional Parks\n\nA licence under section 51 or 67 of the **Water Act 1989** that authorises the construction, installation, operation, alteration, removal or decommissioning of works on any part of the land described in Divisions 4 and 5 of Part 4A of the Fifth Schedule must not be issued except with the consent of the Minister and subject to any conditions the Minister thinks fit to impose.\n\nS. 29IB (Heading) substituted by No. 46/2012 s. 17(1).\n\nS. 29IB inserted by No. 82/2009 s. 28.\n\n\t29IB Cutting and taking away fallen or felled trees—Shepparton Regional Park\n\nS. 29IB(1) repealed by No. 46/2012 s. 17(2).\n\nS. 29IB(2) amended by Nos 46/2012 s. 17(3), 19/2018 s. 99.\n\n(2) Parks Victoria may cut and take away, or authorise to be cut and taken away on behalf of Parks Victoria, fallen or felled trees from any part of the land described in Division 5 of Part 4A of the Fifth Schedule for use as firewood for domestic or camping purposes outside the park.\n\nS. 29IC inserted by No. 82/2009 s. 28, repealed by No. 19/2018 s. 100.\n\nPt 4A (Heading and ss 29J–29S) inserted by No. 14/2008 s. 4.\n\n","sortOrder":92},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Carlton Gardens Reserve—Special event management","content":"Part 4A—Carlton Gardens Reserve—Special event management\n\nS. 29J inserted by No. 14/2008 s. 4.\n\n","sortOrder":93},{"sectionNumber":"29J","sectionType":"section","heading":"Special event management declarations","content":"\t29J Special event management declarations\n\n(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, declare an event or series of events to be a special event for the purposes of this Part.\n\n(2) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that—\n\n(a) the event or events are suitable to be held in the Carlton Gardens Reserve; and\n\n(b) the event or events are of significance to the State.\n\nS. 29K inserted by No. 14/2008 s. 4.\n\n","sortOrder":94},{"sectionNumber":"29K","sectionType":"section","heading":"Content of special event management declarations","content":"\t29K Content of special event management declarations\n\nA special event management declaration must specify—\n\n(a) the name and a short description of the special event; and\n\n(b) the date, at least 14 days after publication in the Government Gazette, on which the declaration takes effect; and\n\n(c) the period (not exceeding 3 years) for which the declaration is to apply; and\n\n(d) the period or periods during the declaration period in which the special event is to take place; and\n\n(e) by means of a description, map or other document, the area of the Carlton Gardens Reserve to which the declaration is to apply.\n\nS. 29L inserted by No. 14/2008 s. 4.\n\n","sortOrder":95},{"sectionNumber":"29L","sectionType":"section","heading":"Management of Carlton Gardens Reserve","content":"\t29L Management of Carlton Gardens Reserve\n\n(1) A special event management declaration may provide that the Secretary or the Trust is to have specified functions, powers and duties in relation to the Carlton Gardens Reserve during the whole or specified parts of the declaration period.\n\n(2) The functions, powers and duties may include—\n\n(a) a power, with the consent of the Minister, to enter into agreements or arrangements with an event organiser; and\n\n(b) any power required to undertake, organise or facilitate a special event; and\n\n(c) any function, power or duty conferred by any other Part of this Act or any other Act on the trustees or the committee of management of the Carlton Gardens Reserve in that capacity; and\n\n(d) a power to fix opening and closing times for public access to the special event management area or part of that area.\n\n(3) A special event management declaration cannot confer power to permit the use of the Carlton Gardens Reserve for a purpose that is inconsistent with the reservation of the land unless it is a purpose that is, or is connected with, an exhibition purpose.\n\nS. 29L(4) amended by No. 38/2024 s. 20.\n\n(4) The functions, powers and duties conferred on the Trust by a special event management declaration are in addition to those set out in the **Victorian Convention and Event Trust Act 1996**.\n\nS. 29M inserted by No. 14/2008 s. 4.\n\n","sortOrder":96},{"sectionNumber":"29M","sectionType":"section","heading":"Suspension of functions, powers and duties","content":"\t29M Suspension of functions, powers and duties\n\n(1) A special event management declaration may provide for—\n\n(a) all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for a special event period; and\n\n(b) all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for any other specified part of the declaration period.\n\n(2) The Minister must not make a recommendation under section 29J(1) for a declaration to suspend the functions, powers and duties of the trustees or the committee of management unless the Minister is satisfied that this is necessary for the purposes of the special event.\n\n(3) The trustees or the committee of management of the Carlton Gardens Reserve must not—\n\n(a) exercise or perform any function, power or duty that is suspended under this Part during the period of the suspension; and\n\n(b) exercise or perform any other function, power or duty in a manner that is inconsistent with a special event management declaration or the purpose of that declaration.\n\nS. 29N inserted by No. 14/2008 s. 4.\n\n","sortOrder":97},{"sectionNumber":"29N","sectionType":"section","heading":"Powers in relation to agreements and arrangements","content":"\t29N Powers in relation to agreements and arrangements\n\nThe power conferred on the Secretary or the Trust to enter into agreements or arrangements with an event organiser may include agreements or arrangements relating to—\n\n(a) the organisation and conduct of the special event; and\n\n(b) the occupation and use and period of occupation and use by the event organiser of any part of the special event management area; and\n\n(c) the fees to be charged by the event organiser for entry into the special event management area; and\n\n(d) the fees for the occupation and use of the special event management area to be paid by the event organiser to the Secretary or the Trust.\n\nS. 29O inserted by No. 14/2008 s. 4.\n\n","sortOrder":98},{"sectionNumber":"29O","sectionType":"section","heading":"Regulations and local laws to be suspended","content":"\t29O Regulations and local laws to be suspended\n\nS. 29O(1) amended by No. 9/2020 s. 390(Sch. 1 item 21.5).\n\n(1) A special event management declaration may provide that all or any regulations made under section 13 or local laws made under the **Local Government Act 2020** are to be suspended during the whole or any specified part of the declaration period to the extent that they apply to the Carlton Gardens Reserve.\n\nS. 29O(2) amended by No. 9/2020 s. 390(Sch. 1 item 21.5).\n\n(2) Despite anything to the contrary in the **Local Government Act 2020** and without limiting subsection (1), a local law made after the making of a special event management declaration does not apply to the Carlton Gardens Reserve during the declaration period unless the special event management declaration otherwise provides.\n\nS. 29P inserted by No. 14/2008 s. 4.\n\n","sortOrder":99},{"sectionNumber":"29P","sectionType":"section","heading":"Transitional provisions","content":"\t29P Transitional provisions\n\nA special event management declaration may contain provisions of a transitional nature consequent on the making of the declaration, including—\n\n(a) provisions for the construction of references in any instrument or in any other document of any kind; and\n\n(b) provisions relating to the end of a special event period or the declaration period.\n\nS. 29Q inserted by No. 14/2008 s. 4.\n\n","sortOrder":100},{"sectionNumber":"29Q","sectionType":"section","heading":"Effect of special event management declaration","content":"\t29Q Effect of special event management declaration\n\nA special event management declaration has effect according to its terms.\n\nS. 29R inserted by No. 14/2008 s. 4.\n\n","sortOrder":101},{"sectionNumber":"29R","sectionType":"section","heading":"Minister to give copy of declaration to committee of management","content":"\t29R Minister to give copy of declaration to committee of management\n\nThe Minister must give a copy of the special event management declaration to the committee of management of the Carlton Gardens Reserve within 7 days after the declaration is published in the Government Gazette.\n\nS. 29S inserted by No. 14/2008 s. 4.\n\n","sortOrder":102},{"sectionNumber":"29S","sectionType":"section","heading":"Special event management area to be restored","content":"\t29S Special event management area to be restored\n\n(1) The event organiser of a special event must immediately after each special event period, restore, or ensure the restoration of, the special event management area to a condition reasonably comparable to its condition before the beginning of the special event period.\n\n(2) If the event organiser does not comply with subsection (1), the Secretary or the Trust may carry out the restoration works and recover the costs of those works from the event organiser as a debt due to the Secretary or the Trust.\n\n","sortOrder":103},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n\nPt 5 Div. 1 (Heading) inserted by No. 51/2016 s. 11.\n\n","sortOrder":104},{"sectionNumber":"Div 1","sectionType":"division","heading":"Miscellaneous","content":"Division 1—Miscellaneous\n\n","sortOrder":105},{"sectionNumber":"30","sectionType":"section","heading":"Minister may accept gifts etc.","content":"\t30 Minister may accept gifts etc.\n\n(1) The Minister—\n\n(a) may accept gifts, devises, bequests and assignments of real or personal property;\n\n(b) may accept a gift or devise of land subject to a condition entitling the donor or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period; and\n\n(c) may act as executor or administrator of an estate or as trustee of moneys or other properties—\n\nwhere in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.\n\n(2) The Minister may accept a gift, devise, bequest or assignment of real or personal property subject to a trust where the objects of the trust are not substantially different from the objects of this Act and shall carry out and give effect to the objects of any such trust.\n\nS. 30A inserted by No. 46/2012 s. 18.\n\n","sortOrder":106},{"sectionNumber":"30A","sectionType":"section","heading":"Ownership of timber","content":"\t30A Ownership of timber\n\n(1) In any proceedings for an offence under this Act with respect to cutting or taking away of timber from the land described in Division 2A or Division 5 of Part 4A of the Fifth Schedule, if the person charged with the offence was found in possession of the timber that is the subject of the offence on that land, in the absence of evidence to the contrary, the timber is taken to be the property of the Crown.\n\n(2) In this section—\n\n***timber*** has the same meaning as in section 3(1) of the **Forests Act 1958**.\n\nS. 31  \nrepealed by No. 9863 s. 2, new s. 31 inserted by No. 40/2009 s. 31.\n\n","sortOrder":107},{"sectionNumber":"31","sectionType":"section","heading":"Tour operator licence regulations","content":"\t31 Tour operator licence regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) the fees payable in respect of tour operator licences including—\n\n(i) requirements for fees to be paid annually; and\n\n(ii) methods for calculating fees, including by reference to the following—\n\n(A) numbers of persons that may participate in or have participated in tours; and\n\n(B) classes of persons that may participate in or have participated in tours; and\n\n(b) prescribing tour operator licence conditions.\n\n(2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to the class of licence to which they apply;\n\n(e) the manner of payment of fees, including the payment of fees by instalment;\n\n(f) the time at which, or by which, fees are to be paid.\n\n(3) Regulations made under this Act in respect of tour operator licences may—\n\n(a) leave any matter or thing to be decided by a specified person or class of person; and\n\n(b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and\n\n(c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulation made under this section; and\n\n(d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.\n\n(4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—\n\n(a) may be expressed to apply either generally or specifically—\n\n(i) in respect of certain matters or classes of matters;\n\n(ii) in respect of certain persons or classes of persons;\n\n(b) may be subject to specified conditions.\n\nS. 32  \nrepealed by No. 9863 s. 2, new s. 32 inserted by No. 46/2012 s. 19.\n\n\t32 Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons\n\n(1) The Governor in Council may make regulations for or with respect to cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons, including regulations for or with respect to—\n\n(a) days on which fallen or felled trees may be cut or taken away; and\n\n(b) the manner in which fallen or felled trees may be cut or taken away; and\n\n(c) use of vehicles and equipment in firewood collection areas; and\n\n(d) protection of the environment in firewood collection areas; and\n\n(e) public safety in firewood collection areas; and\n\n(f) any matter authorised or permitted to be prescribed or necessary to be prescribed for the purposes of Part 3B.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may impose penalties not exceeding 20 penalty units for contravention of the regulations.\n\nNew s. 33 inserted by No. 51/2016 s. 12.\n\n","sortOrder":108},{"sectionNumber":"33","sectionType":"section","heading":"Payment of refunds","content":"\t33 Payment of refunds\n\nIf regulations made under this Act (including regulations made under section 13) provide for a refund of a fee, toll, rent or other charge and the fee, toll, rent or other charge has been paid into the Consolidated Fund, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.\n\nPt 5 Div. 2 (Heading and s. 34) inserted by No. 51/2016 s. 12.\n\n","sortOrder":109},{"sectionNumber":"Div 2","sectionType":"division","heading":"General transitional provisions","content":"Division 2—General transitional provisions\n\nNew s. 34 inserted by No. 51/2016 s. 12.\n\n","sortOrder":110},{"sectionNumber":"34","sectionType":"section","heading":"Transitional provisions—Crown Land Legislation Amendment Act 2016","content":"\t34 Transitional provisions—Crown Land Legislation Amendment Act 2016\n\nDespite the repeal of section 13(5) and (6) by the **Crown Land Legislation Amendment Act** **2016**, those subsections continue to apply to any regulations made under section 13(1) which are in force immediately before that repeal or any regulations to which those subsections were applied by any other Act or regulation until regulations are made imposing penalties for contravention of the regulations in accordance with section 13(1)(b)(xa) or that other Act or regulation (as the case requires).\n\nS. 34A inserted by No. 67/2016 s. 28(2).\n\n","sortOrder":111},{"sectionNumber":"34A","sectionType":"section","heading":"Transitional provision—Traditional Owner Settlement Amendment Act 2016","content":"\t34A Transitional provision—Traditional Owner Settlement Amendment Act 2016\n\n(1) If a traditional owner group entity has an agreement under Part 6 of the **Traditional Owner Settlement Act 2010**, section 13(5) and (6), as in force immediately before the commencement of section 9(6) of the **Crown Land Legislation Amendment Act 2016**, do not apply to the carrying out of an activity that would be a contravention of a saved regulation if—\n\n(a) the activity is an agreed activity that is being carried out by a member of the traditional owner group who is bound by the agreement; and\n\n(b) the member of the traditional owner group is carrying out the agreed activity in accordance with the agreement and on land to which the agreement applies; and\n\n(c) the saved regulation is not for the purpose of—\n\n(i) ensuring public safety; or\n\n(ii) prohibiting public access to an area of land in order to manage the land.\n\n(2) In this section—\n\n***saved regulation*** means a regulation to which section 34 applies.\n\nS. 34B inserted by No. 42/2021 s. 52.\n\n","sortOrder":112},{"sectionNumber":"34B","sectionType":"section","heading":"Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021","content":"\t34B Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021\n\nDespite the commencement of the **Great Ocean Road and Environs Protection Amendment Act 2021**, a tour operator licence granted under section 21B before 1 July 2023, which immediately before that date permitted the licence holder to conduct a tour or recreational activity on land in the Great Ocean Road coast and parks, continues to permit the licence holder to conduct that tour or activity on that land on and after that commencement, unless the licence is otherwise varied, suspended or cancelled.\n\nPt 6 (Heading and ss 31–44) inserted by No. 50/2002 s. 18.\n\n","sortOrder":113},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions relating to particular Crown land reserves","content":"Part 6—Provisions relating to particular Crown land reserves\n\nPt 6 Div. 1 (Heading) inserted by No. 64/2004 s. 27.\n\nDivision 1—Miscellaneous reserves\n\nNew ss 31, 32 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28.\n\nS. 33 inserted by No. 50/2002 s. 18, repealed by No. 57/2006 s. 20.\n\nS. 34 inserted by No. 50/2002 s. 18, repealed by No. 60/2005 s. 21(1).\n\nS. 35 inserted by No. 50/2002 s. 18, amended by No. 64/2004 s. 29.\n\n","sortOrder":114},{"sectionNumber":"35","sectionType":"section","heading":"Deep Lead Nature Conservation Reserve (No. 2)","content":"\t35 Deep Lead Nature Conservation Reserve (No. 2)\n\nOn the commencement of section 18 of the **National Parks (Box-Ironbark and Other Parks) Act 2002**,  the land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./02–070, to the extent that that land is at or above a depth of 100 metres below the land surface, is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes specified in paragraphs (l), (m), (n) and (o) of section 4.\n\nS. 36 inserted by No. 50/2002 s. 18, amended by No. 64/2004 s. 29, repealed by No. 60/2005 s. 21(2).\n\nSs 37–39 inserted by No. 50/2002 s. 18, amended by No. 64/2004 s. 29, repealed by No. 57/2006 s. 20.\n\nS. 40 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28.\n\nS. 41 inserted by No. 50/2002 s. 18, amended by No. 64/2004 s. 29, repealed by No. 57/2006 s. 20.\n\nS. 42 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28,  \nnew s. 42 inserted by No. 60/2005 s. 33, repealed by No. 54/2008 s. 16.\n\nS. 43 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28.\n\nPt 6 Div. 2 (Heading) inserted by No. 64/2004 s. 30.\n\nDivision 2—Fifth Schedule reserves\n\nNew s. 43 inserted by No. 57/2006 s. 21.\n\n","sortOrder":115},{"sectionNumber":"43","sectionType":"section","heading":"Reserve descriptions","content":"\t43 Reserve descriptions\n\nEach area of land described in a Division of a Part of the Fifth Schedule may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.\n\nS. 44 inserted by No. 50/2002 s. 18, substituted by No. 64/2004 s. 30, amended by Nos 60/2005 s. 22(1), 57/2006 s. 27(Sch. item 1).\n\n","sortOrder":116},{"sectionNumber":"44","sectionType":"section","heading":"Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves","content":"\t44 Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves\n\nEach area of land described in a Division of Part 1 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, the purposes of nature conservation.\n\nS. 45 inserted by No. 64/2004 s. 30, amended by Nos 60/2005 s. 22(2), 57/2006 s. 27(Sch. item 2).\n\n","sortOrder":117},{"sectionNumber":"45","sectionType":"section","heading":"Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves","content":"\t45 Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves\n\nEach area of land described in a Division of Part 2 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, the purposes of the protection of cultural and natural heritage.\n\nS. 46 inserted by No. 64/2004 s. 30, amended by Nos 60/2005 s. 22(3), 57/2006 s. 27(Sch. item 3).\n\n","sortOrder":118},{"sectionNumber":"46","sectionType":"section","heading":"Land in Part 3 of Fifth Schedule deemed to be natural features reserves","content":"\t46 Land in Part 3 of Fifth Schedule deemed to be natural features reserves\n\nEach area of land described in a Division of Part 3 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular, the purposes of the protection of natural features.\n\nS. 47 inserted by No. 64/2004 s. 30, amended by Nos 60/2005 s. 22(4), 57/2006 s. 27(Sch. item 4).\n\n","sortOrder":119},{"sectionNumber":"47","sectionType":"section","heading":"Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves","content":"\t47 Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves\n\nEach area of land described in a Division of Part 4 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular, the purposes of the protection of historic and cultural features.\n\nS. 47A inserted by No. 60/2005 s. 23.\n\n","sortOrder":120},{"sectionNumber":"47A","sectionType":"section","heading":"Purposes for land in Part 5 of the Fifth Schedule","content":"\t47A Purposes for land in Part 5 of the Fifth Schedule\n\nEach area of land described in a Division of Part 5 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular, the purposes set out in that Division of that Part.\n\nS. 47B inserted by No. 57/2006 s. 22, amended by No. 82/2009 s. 29 (ILA s. 39B(1)).\n\n","sortOrder":121},{"sectionNumber":"47B","sectionType":"section","heading":"Land in Part 4A of the Fifth Schedule deemed to be regional parks","content":"\t47B Land in Part 4A of the Fifth Schedule deemed to be regional parks\n\n(1) Each area of land described in a Division of Part 4A of the Fifth Schedule is a regional park and is deemed to be permanently reserved under section 4 for public purposes being, in particular—\n\n(a) to provide opportunities for informal recreation associated with the enjoyment of natural or semi-natural surroundings; and\n\n(b) to protect and conserve biodiversity, natural and cultural features and water supply catchments; and\n\n(c) for minor resource use that is not inconsistent with paragraphs (a) and (b).\n\nS. 47B(2) inserted by No. 82/2009 s. 29.\n\n(2) In relation to the land shown delineated and stippled on a plan referred to in Division 2A of Part 4A of the Fifth Schedule, the purposes set out in subsection (1) are in addition to the purposes for which the land was reserved immediately before the publication of the Order under section 47BA(3).\n\nS. 47BA inserted by No. 82/2009 s. 30.\n\n\t47BA Murray River Park\n\n(1) The Minister may recommend to the Governor in Council that—\n\n(a) any part of the land shown delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./09-320 to LEGL./09-371 (inclusive); and\n\n(b) any land that is adjoining the land shown delineated and coloured pink on the plans or within close proximity of or adjoining the land shown delineated and coloured pink on the plans—\n\nthat is reasonably required for the purposes of a regional park, be a regional park to be known as the Murray River Park.\n\n(2) The Minister may make a recommendation under subsection (1) on—\n\n(a) receiving plans of land signed by the Surveyor-General; and\n\n(b) being satisfied that the land delineated and coloured pink or coloured yellow on the plans represents land that is reasonably required for the purposes of a regional park.\n\n(3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order published in the Government Gazette, declare the land delineated and coloured pink or coloured yellow on the plans to be a regional park to be known as the Murray River Park.\n\n(4) On the publication of the Order under subsection (3), the land declared under subsection (3) to be the regional park, known as the Murray River Park, is taken to be permanently reserved under section 4 for the public purposes specified in section 47B(1)(a), (b) and (c).\n\n(5) On the publication of the Order under subsection (3), any land delineated and coloured orange on the plans referred to in that Order is taken to be reserved forest within the meaning of the **Forests Act 1958***.*\n\nS. 47C inserted by No. 57/2006 s. 22.\n\n","sortOrder":122},{"sectionNumber":"47C","sectionType":"section","heading":"Land in Part 6 of the Fifth Schedule deemed to be water reserves","content":"\t47C Land in Part 6 of the Fifth Schedule deemed to be water reserves\n\nEach area of land described in a Division of Part 6 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, water supply purposes.\n\nS. 47D inserted by No. 54/2008 s. 17.\n\n","sortOrder":123},{"sectionNumber":"47D","sectionType":"section","heading":"Land in Part 7 of the Fifth Schedule deemed to be forest parks","content":"\t47D Land in Part 7 of the Fifth Schedule deemed to be forest parks\n\nEach area of land described in a Division of Part 7 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular for the purposes of—\n\n(a) providing opportunities for informal recreation associated with the enjoyment of natural surroundings;\n\n(b) protecting and conserving biodiversity, natural and cultural features and water supply catchments;\n\n(c) supplying a limited range of natural resource products.\n\nS. 47E inserted by No. 12/2016 s. 3, repealed by No. 40/2020 s. 11.\n\nPt 6 Div. 3 (Heading and ss 48, 49) inserted by No. 64/2004 s. 30, amended by Nos 60/2005 ss 24, 25, 57/2006 s. 23(1), substituted asPt 6 Div. 3 (Heading and ss 48–50B) by No. 40/2020 s. 12.\n\n","sortOrder":124},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional and miscellaneous provisions—Parks and Crown Land Legislation Amendment Act 2020","content":"Division 3—Transitional and miscellaneous provisions—Parks and Crown Land Legislation Amendment Act 2020\n\nNew s. 48 inserted by No. 40/2020 s. 12, repealed by No. 47/2025 s. 9.\n\nNew s. 49 inserted by No. 40/2020 s. 12.\n\n","sortOrder":125},{"sectionNumber":"49","sectionType":"section","heading":"Land to become part of park on surrender to the Crown—Bendigo Regional Park","content":"\t49 Land to become part of park on surrender to the Crown—Bendigo Regional Park\n\nIf the title to the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered LEGL./19–278 is not surrendered to the Crown before the commencement of section 28 of the **Parks and Crown Land Legislation Amendment Act 2020**, that land is taken not to be part of the park described in Division 1 of Part 4A of the Fifth Schedule until the title to the land is surrendered to the Crown.\n\nNew s. 50 inserted by No. 40/2020 s. 12.\n\n","sortOrder":126},{"sectionNumber":"50","sectionType":"section","heading":"Land reserved temporarily for aerodrome purposes","content":"\t50 Land reserved temporarily for aerodrome purposes\n\n(1) On the commencement of section 28 of the **Parks and Crown Land Legislation Amendment Act 2020**—\n\n(a) the area of land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–277 is temporarily reserved under section 4 for aerodrome purposes; and\n\n(b) the City of Greater Bendigo is taken to be the committee of management of that land under section 14(2).\n\n(2) On the commencement of section 28 of the **Parks and Crown Land Legislation Amendment Act 2020**—\n\n(a) the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–277, ceases to be a road or part of a road or road reserve; and\n\n(b) all rights, easements and privileges existing or claimed by either the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that land, cease.\n\nNew s. 50A inserted by No. 40/2020 s. 12.\n\n","sortOrder":127},{"sectionNumber":"50A","sectionType":"section","heading":"Macedon Regional Park—Land not affected by enactment of certain Acts","content":"\t50A Macedon Regional Park—Land not affected by enactment of certain Acts\n\n(1) Section 26(4) of the **National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006** is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./06–069, did not include the land shown hatched  on the plan lodged in the Central Plan Office and numbered LEGL./19–274.\n\n(2) Section 24(3) of the **Parks and Crown Land Legislation Amendment Act 2012** is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./11–187 did not include the land shown hatched  on the plan lodged in the Central Plan Office and numbered LEGL./19–274.\n\n(3) Section 5 of the **Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016** is taken to have been enacted as if the land shown on the plan, lodged in the Central Plan Office and numbered LEGL./14–055 did not include the land shown hatched  on the plan lodged in the Central Plan Office and numbered LEGL./19–274.\n\nNew s. 50B inserted by No. 40/2020 s. 12.\n\n","sortOrder":128},{"sectionNumber":"50B","sectionType":"section","heading":"Eldorado Historic Reserve—Land not affected by enactment of certain Acts","content":"\t50B Eldorado Historic Reserve—Land not affected by enactment of certain Acts\n\n(1) Section 18 of the **National Parks (Box–Ironbark and Other Parks) Act 2002** is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./02–077 did not include the land shown hatched  on the plan lodged in the Central Plan Office and numbered LEGL./19–275.\n\n(2) Section 31 of the **National Parks (Additions and Other Amendments) Act 2004** is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./04–032 did not include the land shown hatched  on the plan lodged in the Central Plan Office and numbered LEGL./19–275.\n\nPt 6 Div. 4 (Heading and s. 50) inserted by No. 64/2004 s. 30, amended by Nos 64/2004 s. 33 (as amended by No. 63/2006 s. 61(Sch. item 24)), 60/2005 s. 26, 57/2006 s. 23(2)(3), 90/2009 s. 19(1), repealed by No. 40/2020 s. 13.\n\nPt 6 Div. 5 (Heading and ss 51–62) inserted by No. 57/2006 s. 24.\n\n","sortOrder":129},{"sectionNumber":"Div 5","sectionType":"division","heading":"Further transitional","content":"Division 5—Further transitional  \nprovisions—2006 Act\n\nS. 51 inserted by No. 57/2006 s. 24.\n\n","sortOrder":130},{"sectionNumber":"51","sectionType":"section","heading":"Definition","content":"\t51 Definition\n\nIn this Part ***2006 Act*** means the **National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006**.\n\nSs 52, 53 inserted by No. 57/2006 s. 24,  \n\nS. 54 inserted by No. 57/2006 s. 24, repealed by No. 40/2020 s. 14.\n\nS. 55 inserted by No. 57/2006 s. 24.\n\n","sortOrder":131},{"sectionNumber":"55","sectionType":"section","heading":"Protected forest—Kurth Kiln Regional Park","content":"\t55 Protected forest—Kurth Kiln Regional Park\n\nS. 55(1) amended by No. 24/2024 s. 40(1).\n\n(1) Despite the commencement of section 26(4) of the 2006 Act, the **Forests Act 1958** and the **Safety on Public Land Act 2004** apply to the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./06–068 as if the land were protected forest (within the meaning of the **Forests Act 1958**).\n\nS. 55(2) amended by No. 24/2024 s. 40(2).\n\n(2) Despite subsection (1), a power under the **Forests Act 1958** that relates to the cutting, taking or harvesting of timber may only be exercised—\n\n(a) at a low intensity level; and\n\n(b) in respect of the following—\n\n(i) poles;\n\n(ii) posts;\n\n(iii) firewood;\n\n(iv) sawlogs;\n\n(v) residual logs associated with sawlog harvesting operations.\n\nSs 56, 57 inserted by No. 57/2006 s. 24,  \n\nS. 58 inserted by No. 57/2006 s. 24, repealed by No. 40/2020 s. 15.\n\nS. 59 inserted by No. 57/2006 s. 24, expired by force of No. 9212 s. 59(2).\n\nSs 60, 61 inserted by No. 57/2006 s. 24,  \n\nS. 62 inserted by No. 57/2006 s. 24, repealed by No. 90/2009 s. 19(2).\n\nS. 63 inserted by No. 57/2006 s. 28,  \n\nPt 6 Div. 5A (Heading and ss 63–63F) inserted by No. 82/2009 s. 31.\n\n","sortOrder":132},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Further transitional provisions—2009 River Red Gums Act","content":"Division 5A—Further transitional provisions—2009 River Red Gums Act\n\nNew s. 63 inserted by No. 82/2009 s. 31.\n\n","sortOrder":133},{"sectionNumber":"63","sectionType":"section","heading":"Definitions","content":"\t63 Definitions\n\nIn this Division—\n\n***2009 River Red Gums Act*** means the **Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009**;\n\n***Murray River Park*** means the land described in Division 2A of Part 4A of the Fifth Schedule;\n\n***relevant reserve commencement***,  in relation  to an area of land described in the Fifth Schedule, the description of which is inserted or amended by a provision of the 2009 River Red Gums Act, means the commencement of the provision of the 2009 River Red Gums Act that so inserts or amends the description.\n\nS. 63A inserted by No. 82/2009 s. 31.\n\n","sortOrder":134},{"sectionNumber":"63A","sectionType":"section","heading":"Transitional provision—Murray River Park","content":"\t63A Transitional provision—Murray River Park\n\n(1) On the publication of the Order under section 47BA(3)—\n\n(a) any reservation, under this or any other Act, of an area of land shown delineated and coloured pink or coloured yellow on a plan referred to in the Order, being a reservation that was in force immediately before publication of the Order is revoked in so far as the reservation is not of land shown stippled on the plan; and\n\n(b) the land delineated and coloured pink or coloured yellow or coloured orange on the plans referred to in the Order is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(c) any regulations made under section 13 of this Act that applied to any area of land delineated and coloured pink or coloured yellow or coloured orange  on the plans immediately before the publication of the Order (other than any such regulations applying to land shown hatched on the plans) are revoked in so far as they apply to the land; and\n\n(d) any land delineated and coloured yellow on any of the plans referred to in that Order that was a road or part of a road or road reserve, ceases to be a road or part of a road or road reserve and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and\n\n(e) despite anything to the contrary in this Act, any relevant authority over any part of the land delineated and coloured pink or coloured yellow or coloured orange on the plans referred to in the Order that is in force immediately before that commencement continues in force subject to its terms and conditions; and\n\n(f) a committee of management appointed under this Act in respect of land delineated and shown hatched on a plan referred to in the Order is taken to continue in existence as the committee of management for the land, subject to this Act.\n\n(2) In this section a reference to a ***relevant authority*** is a reference to a lease, licence, permit or other authority under the **Forests Act 1958**, the **Geothermal Energy Resources Act 2005**, the **Land Act 1958**, the **Mineral Resources (Sustainable Development) Act 1990**, the **Petroleum Act 1998**, the **Water Act 1989** or this Act.\n\nS. 63B (Heading) substituted by No. 46/2012 s. 20(1).\n\nS. 63B inserted by No. 82/2009 s. 31.\n\n","sortOrder":135},{"sectionNumber":"63B","sectionType":"section","heading":"Cutting and taking away fallen or felled trees—Murray River Park","content":"\t63B Cutting and taking away fallen or felled trees—Murray River Park\n\nS. 63B(1) repealed by No. 46/2012 s. 20(2).\n\nS. 63B(2) amended by Nos 46/2012 s. 20(3), 19/2018 s. 101.\n\n(2) Parks Victoria may cut and take away, or authorise to be cut and taken away on behalf of Parks Victoria, fallen or felled trees from any part of the land described in the Murray River Park for use as firewood for domestic or camping purposes outside the park.\n\nS. 63C inserted by No. 82/2009 s. 31.\n\n","sortOrder":136},{"sectionNumber":"63C","sectionType":"section","heading":"Grazing licences—Murray River Park","content":"\t63C Grazing licences—Murray River Park\n\n(1) Despite the publication of the Order under section 47BA(3) and anything to the contrary in this Act, section 52 of the **Forests Act 1958** continues to apply on and after the publication of the Order to enable licences or permits to be granted under that section to graze cattle on any part of the land in the Murray River Park in relation to which a licence or permit has been continued in force under section 63A(1). Any licence or permit so granted may be dealt with under section 52 of the **Forests Act 1958**.\n\n(2) Despite anything to the contrary in this Act, section 130 of the **Land Act 1958** continues to apply to enable licences to be granted under that section to graze cattle on any part of the land in the Murray River Park in relation to which a licence has been continued in force under section 63A(1). Any licence so granted may be dealt with under that section.\n\n(3) A licence or permit in force under subsection (1) or (2) is in force until the date it expires or 30 September 2014, whichever is the earlier.\n\nS. 63D inserted by No. 82/2009 s. 31.\n\n","sortOrder":137},{"sectionNumber":"63D","sectionType":"section","heading":"Land to become part of park on surrender to the Crown—Kerang Regional Park","content":"\t63D Land to become part of park on surrender to the Crown—Kerang Regional Park\n\nIf the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09‑318 is not surrendered to the Crown before the relevant reserve commencement, that land is taken not to be part of the park described in Division 4 of Part 4A of the Fifth Schedule until the title to the land is surrendered to the Crown.\n\nS. 63E inserted by No. 82/2009 s. 31, repealed by No. 40/2020 s. 16.\n\nS. 63F inserted by No. 82/2009 s. 31, repealed by No. 40/2020 s. 17.\n\nPt 6 Div. 6 (Heading and ss 64–68) inserted by No. 54/2008 s. 19, amended by No. 90/2009 s. 20, repealed by No. 40/2020 s. 18, new Pt 6 Div. 6 (Heading and new ss 64, 65) inserted by No. 47/2025 s. 7.\n\n","sortOrder":138},{"sectionNumber":"Div 6","sectionType":"division","heading":"Transitional and miscellaneous provisions—Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025","content":"Division 6—Transitional and miscellaneous provisions—Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025\n\nNew s. 64 inserted by No. 47/2025 s. 7.\n\n","sortOrder":139},{"sectionNumber":"64","sectionType":"section","heading":"Bendigo Regional Park","content":"\t64 Bendigo Regional Park\n\n(1) On the commencement of section 8 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**—\n\n(a) any reservation under this or any other Act over any area of the land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–214 that is in force immediately before that commencement is revoked; and\n\n(b) the appointment of any committee of management of any area of the land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./24–214 is revoked to the extent that it relates to that land immediately before that commencement; and\n\n(c) subject to subsection (4), the area of the land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–214 is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any area of the land immediately before that commencement.\n\n(2) On the commencement of section 8 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**—\n\n(a) the area of the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–214 ceases to be a road or part of a road or a road reserve for the land; and\n\n(b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land to which paragraph (a) applies cease.\n\n(3) On the commencement of section 8 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**, the area of the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./24–214 ceases to be reserved forest within the meaning of section 3(1) of the **Forests Act 1958**.\n\n(4) Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the area of the land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–214 that was granted or issued under this Act, the **Forests Act 1958** or the **Land Act 1958** and that is in force immediately before the commencement of section 8 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025** continues in force on and after that commencement subject to—\n\n(a) its terms and conditions; and\n\n(b) the provisions of this Act, the **Forests Act 1958** or the **Land Act 1958** (as the case requires).\n\nNew s. 65 inserted by No. 47/2025 s. 7.\n\n","sortOrder":140},{"sectionNumber":"65","sectionType":"section","heading":"Wandong Regional Park","content":"\t65 Wandong Regional Park\n\n(1) On the commencement of section 10 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**—\n\n(a) any reservation under this or any other Act over any area of the Wandong Regional Park that is in force immediately before that commencement is revoked; and\n\n(b) the appointment of any committee of management of any area of the Wandong Regional Park is revoked to the extent that it relates to that land immediately before that commencement; and\n\n(c) subject to subsection (4), the Wandong Regional Park is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any area of the land immediately before that commencement.\n\n(2) On the commencement of section 10 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**—\n\n(a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–047 ceases to be a road or part of a road or a road reserve for the land; and\n\n(b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land to which paragraph (a) applies cease.\n\n(3) On the commencement of section 10 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025**, the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./24–047 ceases to be reserved forest within the meaning of section 3(1) of the **Forests Act 1958**.\n\n(4) Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the Wandong Regional Park that was granted or issued under the **Forests Act 1958** or the **Land Act 1958** and that is in force immediately before the commencement of section 10 of the **Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025** continues in force on and after that commencement subject to—\n\n(a) its terms and conditions; and\n\n(b) the provisions of the **Forests Act 1958** or the **Land Act 1958** (as the case requires).\n\n(5) In this section—\n\n***Wandong Regional Park*** means the land described in Division 8 of Part 4A of the Fifth Schedule.\n\nPt 6 Div. 7 (Heading and ss 69, 70) inserted by No. 40/2009 s. 17, repealed by No. 40/2020 s. 19.\n\nSchedules\n\nSch. 1 repealed by No. 40/2020 s. 20.\n\nSch. 2 amended by Nos 9424  \ns. 3(2), 9427  \ns. 6(1)(Sch. 5 items 46, 47), repealed by No. 9863 s. 2, new Sch. 2 inserted by No. 90/2009 s. 21, amended by No. 35/2010 ss 16, 17.\n\nSecond Schedule––Transitional provisions\n\nSch. 2 Pt 1 (Heading and cl. 1) amended by No. 51/2016 s. 13(a), repealed by No. 40/2020 s. 21.\n\nSch. 2 Pt 2 (Heading and cls 2–4) amended by No. 7/2012 s. 21, repealed by No. 40/2020 s. 22.\n\nSch. 2 Pt 3 (Heading and cl. 5) repealed by No. 51/2016 s. 13(b).\n\nSch. 2 Pt 4 (Heading and cls 6–8) inserted by No. 7/2012 s. 22, amended by No. 51/2016 s. 13(c), repealed by No. 40/2020 s. 23.\n\nSch. 2 Pt 5 (Heading and cls 9–12) inserted by No. 12/2016 s. 4.\n\nPart 5—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016\n\nSch. 2 cl. 9 inserted by No. 12/2016 s. 4.\n\n\t9 Definitions\n\nSch. 2 cl. 9 def. of *Canadian Regional Park* repealed by No. 40/2020 s. 24.\n\nSch. 2 cl. 9 def. of *Hepburn Regional Park* repealed by No. 40/2020 s. 24.\n\n***Kerang State Wildlife Reserve*** means the area of land described in Division 4 of Part 5 of the Fifth Schedule.\n\nSch. 2 cl. 10 inserted by No. 12/2016 s. 4, repealed by No. 40/2020 s. 25.\n\nSch. 2 cl. 11 inserted by No. 12/2016 s. 4, repealed by No. 40/2020 s. 26.\n\nSch. 2 cl. 12 inserted by No. 12/2016 s. 4.\n\n\t12 Revocation of reservations, regulations and other interests—Kerang State Wildlife Reserve\n\n(1) On the commencement of section 8 of the **Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016**—\n\n(a) any reservation under this or any other Act over the whole or a part of the Kerang State Wildlife Reserve that is in force immediately before that commencement is revoked; and\n\n(b) the appointment of any committee of management of the whole or a part of the Kerang State Wildlife Reserve is revoked to the extent that it relates to that land immediately before that commencement; and\n\n(c) any regulations made under section 13 that apply to the whole or a part of the Kerang State Wildlife Reserve immediately before that commencement are revoked to the extent that they apply to that land; and\n\n(d) subject to subclause (2), the Kerang State Wildlife Reserve is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of the land immediately before that commencement; and\n\n(e) for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-241—\n\n(i) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and\n\n(ii) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan cease.\n\n(2) Despite anything to the contrary in this Act—\n\n(a) any licence, permit or other authority over any part of the Kerang State Wildlife Reserve that was granted or issued under this Act, the **Forests Act 1958**, the **Land Act 1958** or the **Water Act 1989**, and that is in force immediately before the commencement of section 8 of the **Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016** continues in force on and after that commencement subject to—\n\n(i) its terms and conditions; and\n\n(ii) the provisions of the Act under which it was granted or issued; and\n\n(b) the Water Corporation may continue to discharge treated wastewater within the Kerang State Wildlife Reserve if the discharge occurs—\n\n(i) under and in accordance with the licence in relation to that part of the Reserve known as Fosters Swamp, that was issued to the Water Corporation under section 20 of the **Environment Protection Act 1970** on 11 August 2009 and amended on 21 November 2013 and 22 July 2015 and as in force immediately before the commencement of section 8 of the **Crown Land Legislation** **Amendment** **(Canadian** **Regional Park and Other Matters) Act 2016**, subject to the terms and conditions of that licence; or\n\n(ii) under and in accordance with any other licence in relation to that part of the Reserve known as Fosters Swamp, issued to the Water Corporation under section 20 of the **Environment Protection Act** **1970** before, on or after the commencement of section 8 of the **Crown** **Land Legislation** **Amendment** **(Canadian Regional Park and Other Matters)** **Act 2016** and as amended from time to time, subject to any terms and conditions of that licence.\n\n(3) The Kerang State Wildlife Reserve is taken to be classified as a State Game Reserve pursuant to an Order of the Governor in Council under section 15(2) of the **Wildlife Act 1975**.\n\n(4) In this clause—\n\n***Water Corporation*** means the Lower Murray Urban and Rural Water Corporation established under Division 1 of Part 6 of the **Water Act 1989**.\n\nSch. 2 Pt 6 (Heading and cls 13–15) inserted by No. 19/2018 s. 102.\n\nPart 6—Parks Victoria Act 2018\n\nSch. 2 cl. 13 inserted by No. 19/2018 s. 102.\n\n\t13 Definitions\n\n***new committee of management*** means the committee of management as taken to be appointed under clause 15;\n\n***old body*** means Parks Victoria within the meaning of the **Parks Victoria Act 1998**, as in force before its repeal;\n\n***old committee of management*** means the committee of management holding appointment immediately before the Parks Victoria commencement;\n\n***Parks Victoria commencement*** means the day on which the **Parks Victoria Act 2018** comes into operation.\n\nSch. 2 cl. 14 inserted by No. 19/2018 s. 102.\n\n\t14 Continuation of licences granted under section 17B\n\n(1) A licence or an agreement under section 17B(1) granted or entered into by the Secretary or a person authorised in writing by the Secretary over land reserved under section 4, and in force immediately before the Parks Victoria commencement, is taken to continue in force—\n\n(a)  subject to its terms and conditions and this Act; and\n\n(b) as if—\n\n(i) the licence or agreement were granted or entered into by the responsible Minister rather than the Secretary or person; and\n\n(ii) (if not inconsistent with the context or subject matter) any reference to the Secretary in the licence or agreement were a reference to the responsible Minister.\n\n(2) Nothing in section 17B(1), as in force after the Parks Victoria commencement, affects a licence or agreement under section 17B(1) granted or entered into by a committee of management before the Parks Victoria commencement and in force immediately before that commencement.\n\nSch. 2 cl. 15 inserted by No. 19/2018 s. 102.\n\n\t15 Transitional provision, committees of management\n\nIf, immediately before the Parks Victoria commencement, the old body holds an appointment as a committee of management under section 14, on the Parks Victoria commencement—\n\n(a) Parks Victoria is taken to be appointed as the committee of management in substitution of the old body; and\n\n(b) all rights, property and assets that, immediately before the Parks Victoria commencement, were vested in the old committee of management vest in the new committee of management; and\n\n(c) all debts, liabilities and obligations of the old committee of management existing immediately before the Parks Victoria commencement become debts, liabilities and obligations of the new committee of management; and\n\n(d) the new committee of management is substituted as a party to any proceedings pending in any court or tribunal to which the old committee of management was a party immediately before the Parks Victoria commencement; and\n\n(e) the new committee of management is substituted as a party to any contract or arrangement entered into by or on behalf of the old committee of management and in force immediately before the Parks Victoria commencement.\n\nS. 24.\n\nThird Schedule\n\nAll the beds of streams and lakes in the under-mentioned parishes and the beds of Lake King, Lake Victoria, Lake Wellington, and Lake Tyers together with all Crown frontages to such streams and lakes.\n\n| *Parishes of—* |  |\n| Bairnsdale | Goon Nure |\n| Bengworden | Longford |\n| Bengworden South | Meerlieu |\n| Boole Poole | Ninnie |\n| Booran | Nuntin |\n| Broadlands | Sale |\n| Bumberrah | Sarsfield |\n| Colquhoun | Seacombe |\n| Colquhoun East | Tildesley West |\n| Colquhoun North | Wulla Wullock |\n| Giffard | Wy-yung |\n| Glencoe | Yeerung. |\n\nSch. 4 inserted by No. 50/2002 s. 19(Sch.), amended by No. 57/2006 s. 25, repealed by No. 7/2012 s. 23.\n\nSch. 5 inserted by No. 64/2004 s. 31(Sch. 2).\n\nFifth Schedule\n\nPart 1—Nature conservation reserves\n\nDivision 1—Glenmaggie Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–033.\n\nDivision 2—Gobarup Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–034.\n\nDivision 3—Jilpanger Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./04–035.\n\n","sortOrder":141},{"sectionNumber":"Div 4","sectionType":"division","heading":"Marble Gully-Mount Tambo Nature Conservation Reserve","content":"Division 4—Marble Gully-Mount Tambo Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–036.\n\nDivision 5—Mount Elizabeth Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–037.\n\nDivision 6—Tallageira Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–038.\n\n","sortOrder":142},{"sectionNumber":"Div 7","sectionType":"division","heading":"Wehla Nature Conservation Reserve","content":"Division 7—Wehla Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured green or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–040.\n\nSch. 5 Pt 1 Div. 8 amended by No. 64/2004 s. 32.\n\n","sortOrder":143},{"sectionNumber":"Div 8","sectionType":"division","heading":"Wychitella Nature Conservation Reserve","content":"Division 8—Wychitella Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–042.\n\nSch. 5 Pt 1 Div. 9 inserted by No. 60/2005 s. 27(1).\n\n","sortOrder":144},{"sectionNumber":"Div 9","sectionType":"division","heading":"Beaconsfield Nature Conservation Reserve","content":"Division 9—Beaconsfield Nature Conservation Reserve\n\nThe land delineated and coloured pink and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./05–309.\n\nSch. 5 Pt 1 Div. 10 inserted by No. 60/2005 s. 27(1).\n\n","sortOrder":145},{"sectionNumber":"Div 10","sectionType":"division","heading":"Warrandyte–Kinglake Nature Conservation Reserve","content":"Division 10—Warrandyte–Kinglake Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./05–310.\n\nSch. 5 Pt 1 Div. 11 inserted by No. 57/2006 s. 26(1).\n\n","sortOrder":146},{"sectionNumber":"Div 11","sectionType":"division","heading":"Bungador Stony Rises Nature Conservation Reserve","content":"Division 11—Bungador Stony Rises Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–060.\n\nSch. 5 Pt 1 Div. 12 inserted by No. 57/2006 s. 26(1).\n\n","sortOrder":147},{"sectionNumber":"Div 12","sectionType":"division","heading":"Coradjil Nature Conservation Reserve","content":"Division 12—Coradjil Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–061.\n\nSch. 5 Pt 1 Div. 13 inserted by No. 57/2006 s. 26(1).\n\n","sortOrder":148},{"sectionNumber":"Div 13","sectionType":"division","heading":"Jancourt Nature Conservation Reserve","content":"Division 13—Jancourt Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–062.\n\nSch. 5 Pt 1 Div. 14 inserted by No. 57/2006 s. 26(1).\n\n","sortOrder":149},{"sectionNumber":"Div 14","sectionType":"division","heading":"Marengo Nature Conservation Reserve","content":"Division 14—Marengo Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–063.\n\nSch. 5 Pt 1 Div. 15 inserted by No. 90/2009 s. 22.\n\n","sortOrder":150},{"sectionNumber":"Div 15","sectionType":"division","heading":"Boggy Creek Nature Conservation Reserve","content":"Division 15—Boggy Creek Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑374.\n\nSch. 5 Pt 1 Div. 16 inserted by No. 90/2009 s. 22.\n\n","sortOrder":151},{"sectionNumber":"Div 16","sectionType":"division","heading":"Cobon Nature Conservation Reserve","content":"Division 16—Cobon Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-375.\n\nSch. 5 Pt 1 Div. 17 inserted by No. 90/2009 s. 22.\n\n","sortOrder":152},{"sectionNumber":"Div 17","sectionType":"division","heading":"Combienbar River Nature Conservation Reserve","content":"Division 17—Combienbar River Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-376.\n\nSch. 5 Pt 1 Div. 18 inserted by No. 90/2009 s. 22.\n\n","sortOrder":153},{"sectionNumber":"Div 18","sectionType":"division","heading":"Dawson-Murrindal Nature Conservation Reserve","content":"Division 18—Dawson-Murrindal Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑377.\n\nSch. 5 Pt 1 Div. 19 inserted by No. 90/2009 s. 22.\n\n","sortOrder":154},{"sectionNumber":"Div 19","sectionType":"division","heading":"Lower Cann River Nature Conservation Reserve","content":"Division 19—Lower Cann River Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑378.\n\nSch. 5 Pt 1 Div. 20 inserted by No. 90/2009 s. 22.\n\n","sortOrder":155},{"sectionNumber":"Div 20","sectionType":"division","heading":"Lower Errinundra Nature Conservation Reserve","content":"Division 20—Lower Errinundra Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑379.\n\nSch. 5 Pt 1 Div. 21 inserted by No. 90/2009 s. 22.\n\n","sortOrder":156},{"sectionNumber":"Div 21","sectionType":"division","heading":"Martins Creek Nature Conservation Reserve","content":"Division 21—Martins Creek Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-380.\n\nSch. 5 Pt 1 Div. 22 inserted by No. 90/2009 s. 22.\n\n","sortOrder":157},{"sectionNumber":"Div 22","sectionType":"division","heading":"Mount Stewart Nature Conservation Reserve","content":"Division 22—Mount Stewart Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑381.\n\nSch. 5 Pt 1 Div. 23 inserted by No. 90/2009 s. 22.\n\n","sortOrder":158},{"sectionNumber":"Div 23","sectionType":"division","heading":"Thirty-two Mile Nature Conservation Reserve","content":"Division 23—Thirty-two Mile Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-382.\n\nSch. 5 Pt 1 Div. 24 inserted by No. 90/2009 s. 22.\n\n","sortOrder":159},{"sectionNumber":"Div 24","sectionType":"division","heading":"Timbarra River South Nature Conservation Reserve","content":"Division 24—Timbarra River South Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-383.\n\nSch. 5 Pt 1 Div. 25 inserted by No. 90/2009 s. 22.\n\n","sortOrder":160},{"sectionNumber":"Div 25","sectionType":"division","heading":"Wingan River West Nature Conservation Reserve","content":"Division 25—Wingan River West Nature Conservation Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09‑384.\n\nSch. 5 Pt 1 Div. 26 inserted by No. 90/2009 s. 22.\n\n","sortOrder":161},{"sectionNumber":"Div 26","sectionType":"division","heading":"Wombat Creek Nature Conservation Reserve","content":"Division 26—Wombat Creek Nature Conservation Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-385.\n\nSch. 5 Pt 1 Div. 27 inserted by No. 7/2012 s. 24(1).\n\n","sortOrder":162},{"sectionNumber":"Div 27","sectionType":"division","heading":"Frankston Nature Conservation Reserve","content":"Division 27—Frankston Nature Conservation Reserve\n\nThe land delineated and hatched on the plan lodged in the Central Plan Office and numbered LEGL./11‑186.\n\nPart 2—Cultural and natural heritage reserves\n\nSch. 5 Pt 2 Div. 1 amended by Nos 57/2006 s. 26(2), 54/2008 s. 20, 35/2010 s. 18(1), 53/2017 s. 10.\n\nDivision 1—Castlemaine Diggings National Heritage Park\n\nAll those pieces and parcels of land containing 7590 hectares, more or less, situate in the Township of Freyerstown and the Parishes of Castlemaine, Chewton, Faraday, Fryers, Holcombe and Yandoit, County of Talbot, being the land delineated and coloured pink or coloured yellow in plans lodged in the Central Plan Office and numbered N.P. 109A/5, N.P. 109B/2 and N.P. 109C/2, to the extent that that land is at or above a depth of 100 metres below the land surface.\n\nPart 3—Natural features reserves\n\nDivision 1—Tungamah Natural Features Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–039.\n\nDivision 2—Youarang Natural Features Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–043.\n\nSch. 5 Pt 3 Div. 3 inserted by No. 57/2006 s. 26(3).\n\nDivision 3—Black Dog Creek Natural Features Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./02–071.\n\nSch. 5 Pt 3 Div. 4 inserted by No. 57/2006 s. 26(3).\n\nDivision 4—Nathalia Natural Features Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–064.\n\nSch. 5 Pt 3 Div. 5 inserted by No. 57/2006 s. 26(3), amended by No. 35/2010 s. 18(2).\n\nDivision 5—Numurkah Natural Features Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./10‑103.\n\nSch. 5 Pt 3 Div. 6 inserted by No. 57/2006 s. 26(3).\n\nDivision 6—Wattville Natural Features Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–066.\n\nSch. 5 Pt 3 Div. 7 inserted by No. 54/2008 s. 21.\n\nDivision 7—Devilbend Natural Features Reserve\n\nThe land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./06-317.\n\nSch. 5 Pt 3 Div. 8 inserted by No. 54/2008 s. 21, repealed by No. 7/2012 s. 24(2).\n\nSch. 5 Pt 3 Div. 9 inserted by No. 90/2009 s. 23.\n\nDivision 9—Aireys Inlet Natural Features Reserve\n\nCrown allotment 19J, Parish of Angahook.\n\nPart 4—Historic and cultural features reserves\n\nSch. 5 Pt 4 Div. 1 amended by No. 40/2020 s. 27.\n\nDivision 1—Eldorado Historic Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./19–275.\n\nSch. 5 Pt 4A (Heading and Divs 1–3) inserted by No. 57/2006 s. 26(4).\n\nPart 4A—Regional parks\n\nSch. 5 Pt 4A Div. 1 inserted by No. 57/2006 s. 26(4), amended by No. 40/2020 s. 28.\n\nDivision 1—Bendigo Regional Park\n\nThe land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./06–067A, LEGL./19–278, LEGL./06–067C and LEGL./06–067D.\n\nSch. 5 Pt 4A Div. 2 inserted by No. 57/2006 s. 26(4).\n\nDivision 2—Kurth Kiln Regional Park\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–068.\n\nSch. 5 Pt 4A Div. 2A inserted by No. 82/2009 s. 32(1).\n\n","sortOrder":163},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Murray River Park","content":"Division 2A—Murray River Park\n\nThe land delineated and coloured pink or coloured yellow on the plans referred to in the Order under section 47BA(3).\n\nSch. 5 Pt 4A Div. 3 inserted by No. 57/2006 s. 26(4), amended by Nos 57/2006 s. 29, 7/2012 s. 24(3), 12/2016 s. 5, 40/2020 s. 29.\n\nDivision 3—Macedon Regional Park\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./19–274.\n\nSch. 5 Pt 4A Div. 4 inserted by No. 82/2009 s. 32(2).\n\nDivision 4—Kerang Regional Park\n\nThe land delineated and coloured pink or coloured blue on the plan lodged in the Central Plan Office and numbered LEGL./09‑318.\n\nSch. 5 Pt 4A Div. 5 inserted by No. 82/2009 s. 32(2).\n\nDivision 5—Shepparton Regional Park\n\nThe land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./09-388 and LEGL./09-389.\n\nSch. 5 Pt 4A Div. 6 (Heading) amended by No. 53/2017 s. 11(1).\n\nSch. 5 Pt 4A Div. 6 inserted by No. 12/2016 s. 6, amended by No. 53/2017 s. 11(2).\n\nDivision 6—Woowookarung Regional Park\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./17-345.\n\nSch. 5 Pt 4A Div. 7 inserted by No. 12/2016 s. 7.\n\nDivision 7—Hepburn Regional Park\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered  \nLEGL./15-242.\n\nSch. 5 Pt 4A Div. 8 inserted by No. 47/2025 s. 10.\n\nDivision 8—Wandong Regional Park\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./24–047.\n\nSch. 5 Pt 5 (Heading and Divs 1, 2) inserted by No. 60/2005 s. 27(2).\n\nPart 5—Miscellaneous reserves\n\nSch. 5 Pt 5 Div. 1 inserted by No. 60/2005 s. 27(2).\n\nDivision 1—Port Campbell Coastal Reserve\n\nThe land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–311.\n\nThe purposes of the protection of the coast.\n\nSch. 5 Pt 5 Div. 2 inserted by No. 60/2005 s. 27(2).\n\nDivision 2—Port Campbell Recreation and Camping Reserve\n\nThe land delineated and shown cross-hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–311.\n\nThe purposes of public recreation and camping.\n\nSch. 5 Pt 5 Div. 3 inserted by No. 57/2006 s. 26(5), repealed by No. 90/2009 s. 24(1),  \nnew Sch. 5 Pt 5 Div. 3 inserted by No. 7/2012 s. 24(4).\n\nDivision 3—Gippsland Lakes Reserve (Raymond Island)\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./11‑188.\n\nThe purposes of conservation, education and recreation.\n\nSch. 5 Pt 5 Div. 4 inserted by No. 12/2016 s. 8.\n\nDivision 4—Kerang State Wildlife Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered  \nLEGL./15-241.\n\nThe purposes of the management of wildlife.\n\nSch. 5 Pt 5 Div. 5 inserted by No. 40/2020 s. 30.\n\nDivision 5—Don Valley Education Reserve\n\nCrown Allotments 2102 and 2103, Parish of Yuonga, County of Evelyn.\n\nThe purposes of education.\n\nThe purposes of nature conservation in relation to Crown Allotment 2102.\n\nSch. 5 Pt 5 Div. 6 inserted by No. 40/2020 s. 30.\n\nDivision 6—Sherwood Reserve\n\nCrown Allotment 2004, Parish of Gracedale, County of Evelyn.\n\nPublic purposes.\n\nSch. 5 Pt 6 (Heading and Divs 1‑8) inserted by No. 57/2006 s. 26(6).\n\nPart 6—Water reserves\n\nSch. 5 Pt 6 Div. 1 inserted by No. 57/2006 s. 26(6).\n\nDivision 1—Andersons and Macdonalds Reservoirs Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–252.\n\nSch. 5 Pt 6 Div. 2 inserted by No. 57/2006 s. 26(6).\n\nDivision 2—Bawden Reservoir Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–253.\n\nSch. 5 Pt 6 Div. 3 inserted by No. 57/2006 s. 26(6).\n\nDivision 3—Kitty English and Frank Mann Reservoirs Water Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–254.\n\nSch. 5 Pt 6 Div. 4 inserted by No. 57/2006 s. 26(6).\n\nDivision 4—Macdonalds Tank Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–255.\n\nSch. 5 Pt 6 Div. 5 inserted by No. 57/2006 s. 26(6).\n\nDivision 5—Orde Hill and Willimigongon Reservoirs Water Reserve\n\nThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–256.\n\nSch. 5 Pt 6 Div. 6 inserted by No. 57/2006 s. 26(6).\n\nDivision 6—Pierce Reservoir–Barringo Creek Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–257.\n\nSch. 5 Pt 6 Div. 7 inserted by No. 57/2006 s. 26(6).\n\nDivision 7—Reservoir A Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–258.\n\nSch. 5 Pt 6 Div. 8 inserted by No. 57/2006 s. 26(6).\n\nDivision 8—Reservoirs B and C Water Reserve\n\nThe land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–259.\n\nSch. 5 Pt 7 (Heading and Divs 1, 2 inserted by No. 54/2008 s. 22.\n\n","sortOrder":164},{"sectionNumber":"Part 7","sectionType":"part","heading":"Forest parks","content":"Part 7—Forest parks\n\nSch. 5 Pt 7 Div. 1 inserted by No. 54/2008 s. 22, substituted by Nos 90/2009 s. 24(2), 35/2010 s. 18(3), amended by Nos 7/2012 s. 24(5), 12/2016 s. 9, 53/2017 s. 12.\n\nDivision 1—Otway Forest Park\n\nThe land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./14-056, LEGL./14-057, LEGL./14-058, LEGL./14-059 and LEGL./17-344.\n\nSch. 5 Pt 7 Div. 2 inserted by No. 54/2008 s. 22, amended by No. 12/2016 s. 10.\n\nDivision 2—Cobboboonee Forest Park\n\nThe land delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./15-225 and LEGL./15-226.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Crown Land (Reserves) Act 1978** was assented to on 19 December 1978 and came into operation on 1 March 1979: Government Gazette 21 February 1979 page 441.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n","sortOrder":165},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the **Crown Land (Reserves) Act 1978** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Crown Land (Reserves) Act 1978, No. 9212/1978**\n\n| Assent Date: | 19.12.78 |\n| Commencement Date: | S. 59(2) inserted on 19.10.06 by No. 57/2006 s. 24: Government Gazette 19.10.06 p. 2221 |\n| Note: | S. 59(2) provided that s. 59 expired on 30.06.10 |\n\n**Crown Land (Mineral Springs) Act 1980, No. 9380/1980**\n\n| Assent Date: | 6.5.80 |\n| Commencement Date: | 1.9.80: Government Gazette 16.7.80 p. 2419 |\n\n**Post-Secondary Education (Amendment) Act 1980, No. 9424/1980**\n\n| Assent Date: | 20.5.80 |\n| Commencement Date: | S. 3(2) on 25.6.80: Government Gazette 25.6.80 p. 2121 |\n\n**Town and Country Planning (Amalgamation) Act 1980, No. 9425/1980**\n\n| Assent Date: | 20.5.80 |\n| Commencement Date: | S. 15 on 2.2.81: Government Gazette 30.1.81 p. 311 |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| Assent Date: | 27.5.80 |\n| Commencement Date: | 27.5.80: subject to s. 6(2) |\n\n**Crown Land (Reserves) (Amendment) Act 1981, No. 9551/1981**\n\n| Assent Date: | 19.5.81 |\n| Commencement Date: | 19.5.81: s. 1(3) |\n\n**Companies (Consequential Amendments) Act 1981, No. 9699/1981**\n\n| Assent Date: | 5.1.82 |\n| Commencement Date: | S. 23 on 1.7.82: s. 2(1) |\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| Commencement Date: | 5.1.83 |\n\n**Statute Law Revision Act 1983, No. 9902/1983**\n\n| Assent Date: | 15.6.83 |\n| Commencement Date: | 15.6.83: subject to s. 2(2) |\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| Assent Date: | 22.5.84 |\n| Commencement Date: | 22.5.84: subject to s. 3(2) |\n\n**Crown Land (Reserves) (Amendment) Act 1984, No. 10144/1984**\n\n| Assent Date: | 13.11.84 |\n| Commencement Date: | 13.11.84 |\n\n**Town and Country Planning (Transfer of Functions) Act 1985, No. 10187/1985**\n\n| Assent Date: | 4.7.85 |\n| Commencement Date: | All of Act (*except* ss 5, 6(1), 8(2)) on 1.7.85: s. 2(1); ss 5, 6(1), 8(2) on 1.7.86: Government Gazette 18.6.86 p. 2066 |\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n\n**Conservation, Forests and Lands Act 1987, No. 41/1987**\n\n| Assent Date: | 19.5.87 |\n| Commencement Date: | Ss 103(Sch. 4 items 9.1–9.21), 116(8) on 1.7.87: Government Gazette 24.6.87 p. 1694 |\n\n**Planning and Environment Act 1987, No. 45/1987**\n\n| Assent Date: | 27.5.87 |\n| Commencement Date: | S. 205(Sch. 2 item 12) on 16.2.88: Government Gazette 10.2.88 p. 218 |\n\n**Libraries Act 1988, No. 80/1988**\n\n| Assent Date: | 20.12.88 |\n| Commencement Date: | 24.5.89: Government Gazette 24.5.89 p. 1222 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989** (as amended by No. 13/1990)\n\n| Assent Date: | 9.5.89 |\n| Commencement Date: | S. 4(1)(Sch. 2 items 21.1–21.8, 21.11, 21.12) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 21.9, 21.10 on 3.6.92: Government Gazette 3.6.92 p. 1306 |\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** (as amended by No. 34/1990)\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Water (Consequential Amendments) Act 1989, No. 81/1989**\n\n| Assent Date: | 5.12.89 |\n| Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 |\n\n**Mineral Resources Development Act 1990, No. 92/1990**\n\n| Assent Date: | 18.12.90 |\n| Commencement Date: | S. 128(Sch. 1 item 4) on 6.11.91: Government Gazette 30.10.91 p. 2970 |\n\n**Land (Crown Grants and Reserves) Act 1993, No. 5/1993**\n\n| Assent Date: | 27.4.93 |\n| Commencement Date: | 9.4.92: s. 2 |\n\n**Crown Land Acts (Amendment) Act 1993, No. 48/1993**\n\n| Assent Date: | 1.6.93 |\n| Commencement Date: | 1.6.93 |\n\n**Mineral Resources Development (Amendment) Act 1993, No. 86/1993**\n\n| Assent Date: | 3.11.93 |\n| Commencement Date: | S. 40 on 17.1.94: Government Gazette 16.12.93 p. 3317 |\n\n**Financial Management (Amendment) Act 1994, No. 75/1994**\n\n| Assent Date: | 22.11.94 |\n| Commencement Date: | S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2) |\n\n**Impounding of Livestock Act 1994, No. 89/1994**\n\n| Assent Date: | 6.12.94 |\n| Commencement Date: | 6.12.94 |\n\n**Crown Lands Acts (Amendment) Act 1994, No. 96/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | Ss 46–48 on 26.1.95: Government Gazette 26.1.95 p. 163 |\n\n**Water Industry Act 1994, No. 121/1994**\n\n| Assent Date: | 20.12.94 |\n| Commencement Date: | S. 207 on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 |\n\n**Coastal Management Act 1995, No. 8/1995**\n\n| Assent Date: | 26.4.95 |\n| Commencement Date: | S. 42(1) on 6.7.95: Government Gazette 6.7.95 p. 1698; s 42(2)–(6) on 26.4.97: s. 2(3) |\n\n**Ports Acts (Amendment) Act 1995, No. 23/1995**\n\n| Assent Date: | 16.5.95 |\n| Commencement Date: | Ss 3, 4 on 16.11.95: Government Gazette 16.11.95 p. 3170 |\n\n**Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 16 on 14.6.95: s. 2(6) |\n\n**Extractive Industries Development Act 1995, No. 67/1995**\n\n| Assent Date: | 17.10.95 |\n| Commencement Date: | S. 58(Sch. 1 item 5) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 |\n\n**Electricity Industry (Further Amendment) Act 1996, No. 48/1996**\n\n| Assent Date: | 26.11.96 |\n| Commencement Date: | Ss 25–28 on 26.11.96: s. 2 |\n\n**Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | S. 12 on 17.12.96: s. 2(1) |\n\n**Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997** (as amended by No. 91/1997)\n\n| Assent Date: | 21.10.97 |\n| Commencement Date: | S. 25 on 21.10.97: s. 2(1) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998**\n\n| Assent Date: | 10.11.98 |\n| Commencement Date: | S. 6 on 15.12.98: s. 2(5); Pt 4 (s. 42) on 1.7.99: s. 2(4) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998** (as amended by No. 74/2000)\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 15) on 1.1.99: s. 2(3) |\n\n**Water Industry (Amendment) Act 2000, No. 66/2000**\n\n| Assent Date: | 8.11.00 |\n| Commencement Date: | S. 51(1) on 15.4.99: s. 2(2); s. 52 on 9.11.00: s. 2(1); ss 48–50, 51(2)(3) on 1.12.01: s. 2(4) |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 48 on 1.1.01: s. 2(4) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 31) on 22.11.00: s. 2(1) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 19) on 1.6.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 27) on 15.7.01: s. 2 |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 14) on 24.4.02: s. 2(1) |\n\n**National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002**\n\n| Assent Date: | 29.10.02 |\n| Commencement Date: | Ss 17–19 on 30.10.02: s. 2 |\n\n**Monetary Units Act 2004, No. 10/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 15(Sch. 1 item 4) on 1.7.04: s. 2(2) |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 154 on 1.7.04: s. 2(2) |\n\n**Sustainable Forests (Timber) Act 2004, No. 48/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | S. 134 on 17.6.04: s. 2(1) |\n\n**National Parks (Additions and Other Amendments) Act 2004, No. 64/2004** (as amended by No. 63/2006)\n\n| Assent Date: | 12.10.04 |\n| Commencement Date: | Ss 25–31, Sch. 2 on 13.10.04: s. 2(1); ss 32, 33 on 27.2.12: s. 2(3) |\n\n**National Parks (Otways and Other Amendments) Act 2005, No. 60/2005**\n\n| Assent Date: | 20.9.05 |\n| Commencement Date: | Ss 21, 22 on 21.9.05: s. 2(1); ss 19, 23–27 on 11.12.05: Government Gazette 8.12.05 p. 2845; s. 20 on 30.6.06: s. 2(4); ss 32, 33 on 24.10.06: Special Gazette (No. 285) 24.10.06 p. 1 |\n\n**Education and Training Reform Act 2006, No. 24/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 6.1.2(Sch. 7 item 11) on 1.7.07: Government Gazette 28.6.07 p. 1304 |\n\n**National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, No. 57/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | Ss 18, 20, 21, 23, 26(3), 27, Sch. on 16.8.06: s. 2(1); ss 17, 19, 22, 24, 25, 26(1)(2)(4)(5) on 19.10.06: Government Gazette 19.10.06 p. 2221; ss 26(6), 28, 29 on 30.6.07: s. 2(3) |\n\n**Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | S. 61(Sch. item 7) on 30.8.06: s. 2(1) |\n\n**Crown Land (Reserves) Amendment (Carlton Gardens) Act 2008, No. 14/2008**\n\n| Assent Date: | 23.4.08 |\n| Commencement Date: | Ss 3, 4 on 24.4.08: s. 2 |\n\n**National Parks and Crown Land (Reserves) Acts Amendment Act 2008, No. 54/2008**\n\n| Assent Date: | 23.9.08 |\n| Commencement Date: | Ss 13(1), 15, 18, 21 on 24.9.08: s. 2(1); ss 13(2), 14, 16, 17, 19, 20, 22 on 9.11.08: Government Gazette 6.11.08 p. 2574 |\n\n**Resources Industry Legislation Amendment Act 2009, No. 6/2009**\n\n| Assent Date: | 3.3.09 |\n| Commencement Date: | S. 48 on 1.1.10: s. 2(2) |\n\n**Crown Land Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | Ss 3(1), 4–14 on 6.8.09: s. 2(1); ss 3(2), 15–17 on 1.7.11: s. 2(3) |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 41) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009**\n\n| Assent Date: | 8.12.09 |\n| Commencement Date: | S. 25 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 24, 26–32 on 29.6.10: Government Gazette 24.6.10 p. 1274 |\n\n**Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009, No. 90/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | Ss 18–24 on 20.8.10: Government Gazette 19.8.10 p. 1799 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | S. 25(5)(Sch. 2 item 3) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Parks and Crown Land Legislation (Mount Buffalo) Act 2010, No. 35/2010**\n\n| Assent Date: | 15.6.10 |\n| Commencement Date: | S. 15 on 8.7.10: Government Gazette 8.7.10 p. 1518; ss 16–18 on 21.8.10: Government Gazette 19.8.10 p. 1799 |\n\n**Climate Change Act 2010, No. 54/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 78 on 1.7.11: s. 2(2) |\n\n**Local Government and Planning Legislation Amendment Act 2010, No. 58/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | Ss 44–47 on 24.9.10: Government Gazette 23.9.10 p. 2186 |\n\n**Traditional Owner Settlement Act 2010, No. 62/2010**\n\n| Assent Date: | 21.9.10 |\n| Commencement Date: | Ss 109–112 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 |\n\n**Marine Safety Act 2010, No. 65/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 420(Sch. 3 item 5) on 1.7.12: s. 2(2) |\n\n**Parks and Crown Land Legislation Amendment Act 2012, No. 7/2012**\n\n| Assent Date: | 6.3.12 |\n| Commencement Date: | Ss 20–24 on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1 |\n\n**Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012**\n\n| Assent Date: | 3.4.12 |\n| Commencement Date: | S. 84 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 |\n\n**Forests Amendment Act 2012, No. 46/2012**\n\n| Assent Date: | 21.8.12 |\n| Commencement Date: | Ss 14–20 on 1.9.12: s. 2(2) |\n\n**Justice Legislation Amendment Act 2013, No. 31/2013**\n\n| Assent Date: | 4.6.13 |\n| Commencement Date: | S. 4 on 17.4.13: s. 2(3) |\n\n**Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | Ss 14, 15 on 18.12.13: s. 2(1) |\n\n**Fences Amendment Act 2014, No. 30/2014**\n\n| Assent Date: | 15.4.14 |\n| Commencement Date: | S. 12 on 22.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 42) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| Commencement Date: | S. 9(Sch. 2 item 2) on 1.3.15: s. 2(2) |\n\n**Water Amendment (Flood Mitigation) Act 2014, No. 53/2014**\n\n| Assent Date: | 12.8.14 |\n| Commencement Date: | S. 9 on 1.3.15: s. 2(2) |\n\n**Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015**\n\n| *Assent Date:* | 22.9.15 |\n| *Commencement Date:* | S. 35 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1 |\n\n**Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016**\n\n| *Assent Date:* | 5.4.16 |\n| *Commencement Date:* | Ss 3–10 on 5.8.16: Special Gazette (No. 239) 2.8.16 p. 1; s. 19 on 1.12.16: s. 2(2) |\n\n**Crown Land Legislation Amendment Act 2016, No. 51/2016**\n\n| Assent Date: | 18.10.16 |\n| Commencement Date: | Ss 7–13 on 19.10.16: s. 2 |\n\n**Traditional Owner Settlement Amendment Act 2016, No. 67/2016**\n\n| Assent Date: | 15.11.16 |\n| Commencement Date: | S. 28 on 1.5.17: s. 2(2) |\n\n**Victorian Fisheries Authority Act 2016, No. 68/2016**\n\n| *Assent Date:* | 15.11.16 |\n| *Commencement Date:* | S. 161 on 1.7.17: s. 2(2) |\n\n**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**\n\n| Assent Date: | 26.9.17 |\n| Commencement Date: | Ss 73‒75 on 1.12.17: s. 2(3) |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| *Assent Date:* | 24.10.17 |\n| *Commencement Date:* | Ss 9–12 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018**\n\n| Assent Date: | 29.5.18 |\n| Commencement Date: | Ss 10–12 on 30.5.18: s. 2 |\n\n**Parks Victoria Act 2018, No. 19/2018**\n\n| Assent Date: | 5.6.18 |\n| Commencement Date: | Ss 86–102 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |\n\n**Marine and Coastal Act 2018, No. 26/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 90 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |\n\n**Primary Industries Legislation Amendment Act 2019, No. 40/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 99 on 1.2.20: s. 2(2) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 items 21.1, 21.3, 21.4) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 21.2) on 24.10.20: s. 2(3)(f); s. 390(Sch. 1 item 21.5) on 1.7.21: s. 2(4) |\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**\n\n| Assent Date: | 23.6.20 |\n| Commencement Date: | Ss 84−87 on 1.12.20: s. 2(2) |\n| Current State: | This information relates only to the provisions amending the **Crown Land (Reserves) Act 1978** |\n\n**Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020**\n\n| Assent Date: | 1.12.20 |\n| Commencement Date: | Ss 6–29 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; s. 30 on 1.5.21: Special Gazette (No. 189) 27.4.21 p. 1 |\n\n**Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021**\n\n| *Assent Date:* | 19.10.21 |\n| *Commencement Date:* | Ss 47–52 on 1.9.22: s. 2(2) |\n\n**Suburban Rail Loop Act 2021, No. 43/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | S. 219(Sch. 1 item 3) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| *Assent Date:* | 5.9.23 |\n| *Commencement Date:* | S. 7(Sch. 1 item 8) on 6.9.23: s. 2 |\n\n**Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024**\n\n| *Assent Date:* | 7.5.24 |\n| *Commencement Date:* | Ss 12, 13 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1 |\n\n**Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024**\n\n| *Assent Date:* | 25.6.24 |\n| *Commencement Date:* | S. 40 on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1 |\n\n**Melbourne Convention and Exhibition Trust Amendment Act 2024, No. 38/2024**\n\n| *Assent Date:* | 22.10.24 |\n| *Commencement Date:* | Ss 19, 20 on 5.2.25: Special Gazette (No. 29) 4.2.25 p. 1 |\n\n**Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025**\n\n| Assent Date: | 25.11.25 |\n| Commencement Date: | Ss 7, 9−26 on 26.11.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Ss 25–28:\n\n  Heading preceding s. 25 repealed by No. 8/1995 s. 42(6)(e).\n\n  S. 25 amended by Nos 10087 s. 3(1)(Sch. 1 item 34), 41/1987 s. 103(Sch. 4 items 9.19, 9.20), repealed by No. 8/1995 s. 42(6)(a).\n\n  S. 26(a)–(e) amended by Nos 9425 s. 15, 9551 s. 6, 45/1987 s. 205(Sch. item 12), repealed by No. 8/1995 s. 42(5).\n\n  S. 26(f)–(h) repealed by No. 8/1995 s. 42(6)(b).\n\n  S. 27 amended by Nos 41/1987 s. 103(Sch. 4 item 9.21), 57/1989 s. 3(Sch. item 47.2), repealed by No. 8/1995 s. 42(6)(c).\n\n  S. 28 amended by Nos 9425 s. 15, 45/1987 s. 205(Sch. item 12), repealed by No. 8/1995 s. 42(6)(d). [↑](#endnote-ref-2)","sortOrder":166}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":935},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1978 scope. Originally focused on basic reservation and committee management, it now includes: detailed tour operator licensing (Part 3A, 2009), firewood collection schemes (Part 3B, 2012), special event management for Carlton Gardens (Part 4A, 2008), offshore wind energy generation licences (2024), extensive traditional owner joint management provisions (2010), and specific protections for the Yarra River (2017), declared areas (2018) and Great Ocean Road region (2020). The Fifth Schedule has expanded from a simple list to a complex categorised system (nature conservation, cultural heritage, regional parks, forest parks, etc.)."},"complexity_factors":["47+ defined terms in section 3, many cross-referencing other Acts","Multiple overlapping management structures (trustees, committees, Parks Victoria, Secretary, Great Ocean Road Coast and Parks Authority)","Nested exceptions for leasing/licensing — general 10-year limit, then exceptions for 21 years, 65 years, 99 years for electricity generation, and 21 years for offshore wind","Extensive parliamentary scrutiny provisions (disallowance periods, special sitting day calculations)","Detailed transitional provisions across 6+ amending Acts with conditional commencement dates","Specific geographic provisions in Fifth Schedule with plan references (LEGL./XX-XXX numbering system)","Conditional logic: different rules apply depending on whether land has trustees, is Parks Victoria recorded land, is in declared areas, etc.","Cross-references to at least 15 other Acts including Planning and Environment Act 1987, Water Act 1989, Marine and Coastal Act 2018, Traditional Owner Settlement Act 2010"],"plain_english_summary":"**What this law does:**\n\nThis is the **Crown Land (Reserves) Act 1978** (Victoria), which sets up the legal framework for reserving Crown land (government-owned land) for public purposes and managing those reserved areas.\n\n**Key things it covers:**\n\n- **Reserving land** — The Governor in Council can permanently or temporarily reserve Crown land for specific public purposes like parks, water catchments, wildlife protection, recreation, hospitals, schools, ports, and even horse racing or greyhound racing tracks.\n\n- **Who manages the land** — Reserved land can be managed by:\n  - **Trustees** (appointed guardians)\n  - **Committees of management** (which can be local councils, water corporations, Parks Victoria, or community groups)\n  - **Parks Victoria** or the **Secretary** (government officials) for certain areas\n  - The **Great Ocean Road Coast and Parks Authority** for coastal areas\n\n- **Leasing and licensing** — The Act allows limited commercial use of reserved land through:\n  - Licences (up to 10 years, or longer in special cases like electricity generation or offshore wind projects)\n  - Leases (up to 21 years normally, or up to 65 years for substantial developments with parliamentary scrutiny)\n  - Special rules for existing uses that pre-date the Act\n\n- **Tour operators** — People running organised tours for profit need a licence, with a system for granting, varying, suspending and cancelling these licences.\n\n- **Firewood collection** — There are detailed rules allowing people to collect fallen timber for personal use in designated areas during specific seasons, with limits on amounts and strict prohibitions on selling the wood.\n\n- **Special protections** — The Act includes specific obligations to protect:\n  - The **Yarra River** (must follow the Yarra Strategic Plan)\n  - **Declared areas** (special planning controls)\n  - The **Great Ocean Road region** (must follow protection principles)\n\n- **Traditional owner rights** — The Act recognises agreements with traditional owner groups and allows joint management plans.\n\n**Why it matters:**\n\nThis Act balances **public access and conservation** with **limited commercial activity**. It ensures Victoria's parks, reserves and Crown land are protected for future generations while allowing sensible uses like tourism, renewable energy projects, and community facilities. The detailed rules around leasing and licensing try to prevent inappropriate development while giving managers flexibility."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded far beyond its original 1978 purpose of simply reserving Crown land for public purposes. It now includes detailed regulatory schemes for tour operators, firewood collection, special events at Carlton Gardens, mining consents, offshore wind energy, and multiple leasing/licensing provisions with up to 65-year terms. It also incorporates obligations under newer Acts like the Yarra River Protection Act 2017 and the Great Ocean Road and Environs Protection Act 2020. The scope of government control and commercial activity management has grown significantly."},"complexity_factors":["Over 100 sections and multiple parts","More than 50 defined terms, many cross-referencing other Acts","Extensive cross-references to at least 15 other Victorian Acts (e.g., Water Act 1989, Forests Act 1958, Planning and Environment Act 1987)","Nested exceptions and conditions, especially in Parts 3 and 3B (firewood collection)","Multiple layers of approval (minister, governor in council, parliamentary scrutiny)","Long history of amendments (Version 134) leading to layered transitional provisions","Separate schedules with detailed land descriptions for many reserves"],"plain_english_summary":"This Victorian law sets out how the government can set aside (reserve) Crown land for public purposes like parks, conservation, recreation, water supply, and aerodromes. It also explains who manages that land – often committees, councils, or government bodies like Parks Victoria – and what they can do, including granting leases, licences, and permits for uses that may not exactly match the original reservation purpose. The Act covers everything from picnic areas and nature reserves to firewood collection, tour operator licences, and even offshore wind energy projects. It affects anyone who wants to use or occupy reserved Crown land, from local councils and community groups to businesses and individuals. The rules are detailed and complex, with many conditions, approvals, and parliamentary oversight requirements for longer leases or sensitive areas."},"summary":{"name":"Crown Land (Reserves) Act 1978","slug":"crown-land-reserves-act-1978","title_id":"crown-land-reserves-act-1978","version_id":173441,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Victorian Act. Version 134 incorporating amendments to 26 November 2025. Contains main provisions (Parts 1-6) and extensive schedules including the Fifth Schedule listing specific reserve descriptions."},"complexity_factors":["Extensive regulatory regime covering many different types of reserved land and activities","Complex leasing and licensing provisions with different terms for different purposes","Numerous site-specific provisions and schedules for particular reserves","Interaction with Parks Victoria, Great Ocean Road Authority, and multiple other bodies","Heavily amended (Version 134 as at November 2025)"],"plain_english_summary":"The Crown Land (Reserves) Act 1978 is the principal Victorian Act governing the reservation of Crown land for public purposes and the management of such reserved land. It replaced earlier legislation and has been extensively amended, most recently to November 2025.\n\nThe Act authorises the Governor in Council to reserve Crown land for public purposes (s 4), creating different categories of reservation including permanent and temporary reservations. Permanent reservations are for purposes such as parks, gardens, cemeteries, sporting grounds, water reserves and many other public uses. The Act empowers the relevant Minister and trustees to manage reserved land, make regulations for the use of reserves, grant leases and licences, and impose fees.\n\nGovernance of reserved land is typically through trustees or committees of management appointed by the Governor in Council (s 14). Major reserve managers such as Parks Victoria serve as committees of management for significant parks and reserves. Incorporated committees of management may have additional borrowing and leasing powers.\n\nThe Act contains extensive provisions for particular types of activities on reserved land: tour operator licences (Part 3A), firewood collection in designated areas (Part 3B), management of land for horse racing and greyhound racing (s 22), aerodrome management (s 23), marina construction (s 24), and special event management for the Carlton Gardens Reserve (Part 4A).\n\nThe 2015 amendment substantially strengthened oversight of long-term leases, requiring parliamentary scrutiny for certain leases exceeding 21 years. The 2025 amendment added provisions for the Bendigo and Wandong Regional Parks."}},"importantCases":[],"_links":{"self":"/api/acts/crown-land-reserves-act-1978","history":"/api/acts/crown-land-reserves-act-1978/history","analysis":"/api/acts/crown-land-reserves-act-1978/analysis","conflicts":"/api/acts/crown-land-reserves-act-1978/conflicts","importantCases":"/api/acts/crown-land-reserves-act-1978/important-cases","documents":"/api/acts/crown-land-reserves-act-1978/documents"}}