{"id":"parks-victoria-act-2018","name":"Parks Victoria Act 2018","slug":"parks-victoria-act-2018","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178258,"registerId":"vic-parks-victoria-act-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parks Victoria Act 2018","content":"Version No. 007\n\n**Parks Victoria Act 2018**\n\n**No. 19 of 2018**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Transport Integration Act 2010 5\n\nPart 2—Establishment of and general provisions about Parks Victoria 6\n\nDivision 1—Establishment, functions and powers of Parks Victoria 6\n\n5 Establishment of Parks Victoria 6\n\n6 Parks Victoria represents the Crown 7\n\n7 Objects of Parks Victoria 7\n\n8 Functions of Parks Victoria 8\n\n9 Power of Parks Victoria 10\n\n10 Functions, powers and duties in relation to Yarra River land 10\n\n10A Obligations of Parks Victoria in relation to the Great Ocean Road region 11\n\n11 Fire and other emergencies 11\n\n12 Other services 13\n\n13 Delegation 14\n\nDivision 2—Ministerial direction 15\n\n14 Minister may give directions to Parks Victoria 15\n\n15 Publication of directions 15\n\nDivision 3—Membership and decision making 16\n\n16 Constitution and membership of Parks Victoria 16\n\n17 Chairperson and deputy Chairperson 16\n\n18 Terms and conditions of appointment 16\n\n19 Vacancies 17\n\n20 Resignations 17\n\n21 Removals 18\n\n22 Validity of decisions of Parks Victoria 18\n\n23 Proceedings of Parks Victoria 19\n\n24 Resolutions without meetings 20\n\nDivision 4—Committees 21\n\n25 Committees of Parks Victoria 21\n\n26 Advisory committees 21\n\nDivision 5—Chief executive officer and staff 22\n\n27 Chief executive officer 22\n\n28 Staff 22\n\nPart 3—Obligations and planning responsibilities 23\n\nDivision 1—Corporate planning 23\n\n29 Preparation of corporate planning documents by Parks Victoria 23\n\n30 Parks Victoria to notify Minister of significant affecting events etc. 24\n\nDivision 2—Statements of obligations 24\n\n31 Statement of obligations 24\n\n32 Amendment, variation or revocation of a statement of obligations 25\n\n33 Process for making a statement of obligations or amendment or variation 25\n\n34 Issuing a statement of obligations or amendment, variation or revocation 26\n\n35 Publication of statement of obligations or amendment, variation or revocation 26\n\n36 Taking effect of statement of obligations 27\n\n37 Compliance with statement of obligations 27\n\nDivision 3—Land management strategy 27\n\n38 Preparation of land management strategy 27\n\n39 Preparation of amendment of the strategy 28\n\n40 Process for preparing the strategy or an amendment 28\n\n41 Approving the strategy or an amendment 29\n\n42 Publication and notice of the strategy or amendment 30\n\n43 Taking effect of the strategy or amendment 30\n\n44 Review of the strategy 30\n\n45 Revoking the strategy 32\n\nDivision 4—Land management plans 32\n\n46 Land management plans 32\n\n47 Amendment or revocation of land management plans 34\n\n48 Process for making a land management plan or amendment 34\n\n49 Publication and notice of land management plan or amendment or revocation 35\n\n50 Taking effect of land management plan 35\n\n51 Review of land management plans 36\n\nPart 4—Transitional provisions 37\n\n52 Definitions 37\n\n53 Repeal of Parks Victoria Act 1998 37\n\n54 Abolition of old body and provisions relating to transition to new body 37\n\n55 Transfer of staff from old body to new body 39\n\n════════════\n\nEndnotes 43\n\n1 General information 43\n\n2 Table of Amendments 45\n\n3 Explanatory details 46\n\n**Version No.** **007**\n\n**Parks Victoria Act 2018**\n\n**No. 19 of 2018**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to repeal and re-enact with amendments the **Parks Victoria Act 1998**, further providing for the establishment of Parks Victoria; and\n\n(b) to make consequential and related amendments to certain other Acts.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 November 2018, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\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. 102.\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\n***corporate planning document*** means any of the following—\n\n(a) a statement of corporate intent;\n\n(b) a corporate plan;\n\n(c) a business plan;\n\nS. 3 def. of *Great Ocean Road coast and parks* inserted by No. 19/2020 s. 102.\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 protection principles* inserted by No. 19/2020 s. 102.\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. 102.\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. 102.\n\n***Great Ocean Road scenic landscapes area*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\n***joint management plan***  has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\n***land management plan*** means a land management plan, notice of the making of which is published under section 49, and includes such a plan as amended or varied by an amendment or variation, notice of the making of which is published under section 49;\n\n***land management strategy*** means the land management strategy, notice of the approval of which is published under section 42, and includes the strategy as amended or varied by an amendment or variation, notice of the approval of which is published under section 42;\n\n***native title holder*** has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;\n\n***Parks Victoria*** means the body established under section 5(1);\n\n***Parks Victoria land record*** means the land record for Parks Victoria kept under Part 7A of the **Conservation, Forests and Lands Act** **1987**;\n\nS. 3 def. of *Parks Victoria managed land* amended by No. 42/2021 s. 150.\n\n***Parks Victoria managed land*** means—\n\n(a) any land in the Parks Victoria land record; and\n\n(b) any land managed under the **National Parks Act 1975** (including any land managed under section 19A, 19C, 19D, 19E or 32AA of that Act) other than land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q(2) of the **Great Ocean Road and Environs Protection Act 2020** or section 16C(1) of the **National Parks Act 1975**;\n\n***Secretary*** means the body corporate established under Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\n***specified aboriginal party***, in relation to an area of land, means any of the following—\n\n(a) if there are native title holders for the whole or part of the area of land, the native title holders;\n\n(b) if a traditional owner group entity has entered into a recognition and settlement agreement under the **Traditional Owner Settlement Act** **2010** for the whole or part of the area of land, that traditional owner group entity;\n\n(c) if there is a registered Aboriginal party, within the meaning of the **Aboriginal Heritage Act 2006**, for the whole or part of the area of land, that registered Aboriginal party;\n\n***statement of obligations*** means a statement of obligations published under section 35 and includes such a statement as amended or varied by an amendment or variation that is published under section 35;\n\n***traditional owner group entity*** has the same meaning as in the **Traditional Owner Settlement Act 2010**;\n\n***Yarra protection principles*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\n***Yarra River land*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\n***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\n***Yarra Strategic Plan area*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\n\t4 Transport Integration Act 2010\n\nThis Act is interface legislation within the meaning of the **Transport Integration Act 2010**.\n\nPart 2—Establishment of and general provisions about Parks Victoria\n\nDivision 1—Establishment, functions and powers of Parks Victoria\n\n\t5 Establishment of Parks Victoria\n\n(1) There is established a body called Parks Victoria.\n\n(2) Parks Victoria—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has a common seal; and\n\n(c) may sue and be sued in its corporate name; and\n\n(d) may acquire, hold and dispose of personal property; and\n\n(e) may—\n\n(i) acquire, hold and dispose of real property for the purposes of the administration of Parks Victoria; and\n\n(ii) take land on lease and grant subleases of leased land for any purpose; and\n\n(f) may accept grants or donations of money or other personal property (whether by deed, will or otherwise) for a purpose related to the functions of Parks Victoria; and\n\n(g) may do and suffer all acts and things that a body corporate may, by law, do and suffer.\n\n(3) The common seal of Parks Victoria must be kept as directed by Parks Victoria.\n\n(4) All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.\n\n(5) Section 9 of the **Financial Management Act 1994** does not apply to any grant or donation accepted by Parks Victoria under subsection (2)(f).\n\n\t6 Parks Victoria represents the Crown\n\nParks Victoria represents the Crown.\n\n\t7 Objects of Parks Victoria\n\n(1) The objects of Parks Victoria are to—\n\n(a) protect, conserve and enhance Parks Victoria managed land, including its natural and cultural values, for the benefit of the environment and current and future generations; and\n\n(b) recognise and support traditional owner knowledge of and interests in Parks Victoria managed land; and\n\n(c) provide for and encourage the community's enjoyment of and involvement in Parks Victoria managed land; and\n\n(d) improve the community's knowledge and appreciation of Parks Victoria managed land; and\n\n(e) contribute to the wellbeing of the community through the effective protection and management of Parks Victoria managed land; and\n\n(f) contribute to the achievement of State and regional land management outcomes as far as is consistent with the effective protection and management of Parks Victoria managed land.\n\n(2) Parks Victoria must have regard to its objects in performing its functions, exercising its powers and carrying out its duties.\n\n\t8 Functions of Parks Victoria\n\n(1) Parks Victoria has the following functions—\n\n(a) to control and manage Parks Victoria managed land, in a manner that protects, conserves and enhances  the land and in a manner which provides for the land to be appropriately used, enjoyed and appreciated, including doing all or any of the following—\n\n(i) developing management and other plans and strategies for Parks Victoria managed land in consultation with the community;\n\n(ii) supporting the involvement of a specified aboriginal party for an area of land that is Parks Victoria managed land in the management of the land;\n\n(iii) undertaking works, improvements and other activities on Parks Victoria managed land;\n\n(iv) providing opportunities for the community to enjoy and appreciate Parks Victoria managed land and providing facilities, information and services to support that enjoyment and appreciation;\n\n(v) monitoring and evaluating the condition and use of Parks Victoria managed land;\n\n(vi) conducting, co-ordinating and encouraging research activities relating to Parks Victoria managed land;\n\n(b) to enforce and ensure compliance with laws applying to Parks Victoria managed land;\n\n(c) to confer with and co-operate with the Secretary or any other land manager or body on the management of Parks Victoria managed land or land managed by the Secretary or another land manager;\n\n(d) to provide services for the prevention, suppression of or recovery from fire or any other emergency under any agreement or arrangement under section 11;\n\n(e) to provide services under any agreement or arrangement under section 12;\n\n(f) to provide advice to the Minister and the Secretary on matters relevant to its functions;\n\n(g) to promote good relations between Parks Victoria and the community;\n\n(h) to inform and educate the community about the benefits of and the threats to Parks Victoria managed land;\n\nS. 8(1)(i) amended by No. 40/2020 s. 113.\n\n(i) to act as an agent of the Secretary in the carrying out of the Secretary's functions, powers and duties in relation to the management of land;\n\n(j) to carry out any other function conferred on it by or under this or any other Act.\n\n**Note**\n\nOther functions of Parks Victoria may include—\n\n(a) acting as a committee of management under the **Crown Land (Reserves) Act 1978** or the **Forests Act 1958**, when appointed as such a committee; and\n\n(b) acting as a waterway manager under the **Marine Safety Act 2010**, when declared as such a manager; and\n\n(c) acting as the port manager of a local port under the **Port Management Act 1995**, when appointed as such a manager.\n\n(2) Parks Victoria must exercise its functions under subsection (1) in relation to any area of land consistently with the enactments applying to the management of the land.\n\n\t9 Power of Parks Victoria\n\nParks Victoria has the power to do all things that are necessary or convenient to be done for or in connection with the achievement of its objects and the performance of its functions.\n\n\t10 Functions, powers and duties in relation to Yarra River land\n\n(1) Parks Victoria, in performing a function or duty or exercising a power under this Act or any other enactment—\n\n(a) in relation to Yarra River land, must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on Parks Victoria; and\n\n(b) in relation to the Yarra Strategic Plan area that may affect Yarra River land, must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on Parks Victoria.\n\nS. 10(2) substituted by No. 43/2021 s. 219(Sch. 1 item 9).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Parks Victoria in relation to—\n\n(a) a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(b) a Suburban Rail Loop project within the meaning of the **Suburban Rail Loop Act 2021**.\n\nS. 10A inserted by No. 19/2020 s. 103.\n\n\t10A Obligations of Parks Victoria in relation to the Great Ocean Road region\n\n(1) Parks Victoria, 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 Parks Victoria 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 Parks Victoria 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 Parks Victoria in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**.\n\n\t11 Fire and other emergencies\n\n(1) Parks Victoria may enter into an agreement or arrangement with the Secretary for the carrying out of services in relation to the prevention or suppression of or recovery from fire or another emergency on land in respect of which—\n\n(a) the Secretary has the responsibility for carrying out those services; or\n\n(b) the Secretary has an agreement or arrangement to carry out or to assist in carrying out those services.\n\n(2) An agreement or arrangement may be entered into with the Secretary under subsection (1) whether the services to be provided are in—\n\n(a) Victoria; or\n\n(b) another State or a Territory of the Commonwealth; or\n\n(c) another country.\n\n(3) Parks Victoria may enter into an agreement or arrangement with a person or body (other than the Secretary) for the carrying out of services in relation to the prevention or suppression of or recovery from fire or another emergency on land in respect of which—\n\n(a) that person or body has the responsibility for carrying out those services; or\n\n(b) that person or body has an agreement or arrangement to carry out or to assist in carrying out those services.\n\n(4) An agreement or arrangement may be entered into with a person or body under subsection (3) whether the services to be provided are in—\n\n(a) Victoria; or\n\n(b) another State or a Territory of the Commonwealth; or\n\n(c) another country.\n\n(5) Parks Victoria must not enter into an agreement or arrangement under subsection (3) unless Parks Victoria has first obtained the approval of the Minister in writing.\n\n(6) An agreement or arrangement under this section may provide for the use of employees of Parks Victoria for the carrying out of the services provided under the agreement.\n\nS. 11(7) amended by No. 41/2025 s. 4(Sch. 2 item 20).\n\n(7) In this section a reference to ***Secretary*** includes a reference to the occupant of the position of Department Head under the **Public Administration Act 2004** of the Department of Energy, Environment and Climate Action.\n\n\t12 Other services\n\n(1) Parks Victoria may enter into an agreement or arrangement to provide services, of a kind related to its functions, powers or duties, with any person or body whether the services are to be provided in—\n\n(a) Victoria; or\n\n(b) another State or a Territory of the Commonwealth; or\n\n(c) another country.\n\n(2) Parks Victoria must not enter into an agreement or arrangement under subsection (1) unless—\n\n(a) the agreement or arrangement is in the public interest; and\n\n(b) Parks Victoria has first obtained the approval of the Minister in writing.\n\n(3) An agreement or arrangement under subsection (1) may provide for the use of employees of Parks Victoria for the carrying out of services under the agreement or arrangement.\n\n\t13 Delegation\n\n(1) Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of Parks Victoria under this Act or any other enactment (other than this power of delegation)—\n\n(a) a member of Parks Victoria;\n\n(b) a committee established under section 25;\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 or the other enactment.\n\n(2) Subsection (1) does not apply to a function, power or duty that Parks Victoria has as a committee of management appointed under—\n\n(a) section 14 of the **Crown Land (Reserves) Act 1978**; or\n\n(b) section 50(3) of the **Forests Act 1958**.\n\n(3) Parks Victoria, by instrument, may delegate to a person contracted by Parks Victoria any of the following powers that are specified in the instrument of delegation—\n\n(a) the power to grant a permit under section 21(1)(a) of the **National Parks Act** **1975**;\n\n(b) the power to issue a permit for an event under regulations made under section 82 or 99 or Part 9A of the **Conservation, Forests and Lands Act 1987**, section 13 of the **Crown Land (Reserves) Act 1978**, section 50 of the **Forests Act 1958**, section 48 of the **National Parks Act 1975** or section 87  of the **Wildlife Act 1975**.\n\nDivision 2—Ministerial direction\n\n\t14 Minister may give directions to Parks Victoria\n\n(1) The Minister may—\n\n(a) give directions to Parks Victoria in relation to the performance of its functions or the exercise of its powers; and\n\n(b) give directions to Parks Victoria in relation to the performance of its functions or the exercise of its powers as a committee of management appointed under—\n\n(i) section 14 of the **Crown Land (Reserves) Act 1978**; or\n\n(ii) section 50(3) of the **Forests Act 1958**; and\n\n(c) give directions to Parks Victoria, in relation to the management of land that is the subject of an agreement under section 69 of the **Conservation, Forests and Lands Act 1987**, as to the management of the land by Parks Victoria on behalf of the Secretary.\n\n(2) At least 14 days before giving a direction to Parks Victoria, the Minister must give to Parks Victoria a notice of the proposal to give the direction that sets out the proposed substance of the direction.\n\n(3) Parks Victoria must comply with any direction given in accordance with this section.\n\n\t15 Publication of directions\n\nParks Victoria must—\n\n(a) publish any direction given by the Minister under section 14 on the Internet site of Parks Victoria; and\n\n(b) include a summary of the contents of any direction given by the Minister under section 14 in its annual report under section 45 of the **Financial Management Act 1994**.\n\nDivision 3—Membership and decision making\n\n\t16 Constitution and membership of Parks Victoria\n\n(1) Parks Victoria must consist of not less than 5 and not more than 9 members appointed by the Governor in Council.\n\n(2) The members of Parks Victoria must consist of—\n\n(a) collectively, persons who have skills, knowledge or experience relevant to the objects and functions of Parks Victoria; and\n\n(b) at least one person who has skills and experience in conservation; and\n\n(c) at least one person who has skills and experience in financial management.\n\n\t17 Chairperson and deputy Chairperson\n\nThe Chairperson and deputy Chairperson of Parks Victoria must be appointed from among the members of Parks Victoria by the Governor in Council.\n\n\t18 Terms and conditions of appointment\n\nA member of Parks Victoria—\n\n(a) holds office for the period, not exceeding 4 years, specified in the member's instrument of appointment; and\n\n(b) may be reappointed for a further term or terms; and\n\n(c) holds office on the terms and conditions specified in the member's instrument of appointment, including any terms and conditions as to any remuneration or allowances.\n\n\t19 Vacancies\n\n(1) The office of a member of Parks Victoria becomes vacant if the member—\n\n(a) becomes an insolvent under administration; or\n\n(b) is convicted or found guilty of—\n\n(i) an indictable offence; or\n\n(ii) an offence that, if committed in Victoria, would be an indictable offence; or\n\n(c) is absent from 2 consecutive meetings of Parks Victoria without the approval of Parks Victoria; or\n\n(d) is removed from office; or\n\n(e) retires or resigns.\n\n(2) If the office of a member becomes vacant before the end of the term of office, the Governor in Council may appoint a person in accordance with this Division to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.\n\n(3) If the office of a member becomes vacant within 6 months before the end of the term of the office, the office may be left vacant for the remainder of the term.\n\n\t20 Resignations\n\n(1) A member may resign the member's office in writing signed by the member and delivered to the Governor in Council.\n\n(2) If the Chairperson or deputy Chairperson resigns that position, the Chairperson or deputy Chairperson may remain in the position of a member of Parks Victoria.\n\n\t21 Removals\n\nThe Governor in Council may remove a member from office—\n\n(a) if the member becomes incapable of performing the member's duties; or\n\n(b) if the member is negligent in the performance of those duties; or\n\n(c) if the member engages in improper conduct; or\n\n(d) if the member fails to declare a pecuniary or other interest as required under processes put in place by Parks Victoria under section 81(1)(f) of the **Public Administration Act 2004**; or\n\n(e) if the member is convicted or found guilty of—\n\n(i) an offence against this Act; or\n\n(ii) an offence against a relevant law; or\n\n(iii) an offence against a corresponding law of another State or a Territory of the Commonwealth; or\n\n(f) if the Minister considers that the person is no longer suitable to hold office as a member.\n\n\t22 Validity of decisions of Parks Victoria\n\n(1) An act or a decision of Parks Victoria is not invalid merely because of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of a member; or\n\n(b) a vacancy in the membership of Parks Victoria, including a vacancy arising from the failure to appoint a member.\n\n(2) Anything done by or in relation to a person purporting to act as Chairperson, as deputy Chairperson or as a member is not invalid merely because—\n\n(a) the occasion for the appointment had not arisen; or\n\n(b) there was a defect or irregularity in relation to the appointment; or\n\n(c) the appointment had ceased to have effect; or\n\n(d) the occasion for the person to act had not arisen or had ceased.\n\n\t23 Proceedings of Parks Victoria\n\n(1) Subject to subsection (2), meetings of Parks Victoria are to be held at the times and places that Parks Victoria determines.\n\n(2) The Chairperson may at any time convene a meeting, but must do so when requested by a member.\n\n(3) The Chairperson or, in the Chairperson's absence, the deputy Chairperson, or, in the absence of both, a member appointed by the members present at the meeting, must preside at the meeting.\n\n(4) A majority of the members for the time being constitutes a quorum of Parks Victoria.\n\n(5) Subject to section 24, a question arising at a meeting must be determined by a majority of votes of members present and voting on that question and, if the vote is equal, the person presiding has a casting vote as well as a deliberative vote.\n\n(6) Parks Victoria must ensure that minutes are kept of each of its meetings.\n\n(7) Subject to this section, Parks Victoria may regulate its own proceedings.\n\n\t24 Resolutions without meetings\n\n(1) Parks Victoria may—\n\n(a) determine that it may make a resolution without a meeting; and\n\n(b) determine a method by which members are to indicate agreement with any proposed resolution.\n\n(2) Parks Victoria is taken to have made a resolution at a meeting if—\n\n(a) without meeting, a majority of the members of Parks Victoria indicate agreement with the proposed resolution; and\n\n(b) that agreement is indicated in accordance with the method determined by Parks Victoria under subsection (1); and\n\n(c) all the members were informed of the proposed resolution, or reasonable efforts were made to inform the members of the proposed resolution.\n\n(3) For the purpose of subsection (2)(a), a member is not entitled to vote on a proposed resolution if the member would not have been entitled to vote on that resolution if the matter had been considered at a meeting of Parks Victoria.\n\n(4) Parks Victoria must keep a record of the resolutions made in accordance with this section.\n\nDivision 4—Committees\n\n\t25 Committees of Parks Victoria\n\n(1) Parks Victoria, by resolution, may establish one or more committees consisting of members of Parks Victoria for any purpose that Parks Victoria thinks fit.\n\n(2) Parks Victoria may determine the membership and any process or procedure of a committee established under subsection (1).\n\n\t26 Advisory committees\n\n(1) Parks Victoria may establish and appoint members to advisory committees to give advice and information to Parks Victoria with respect to—\n\n(a) any Parks Victoria managed land; or\n\n(b) any land—\n\n(i) managed by a committee of management appointed under section 14 of the **Crown Land (Reserves) Act 1978** or section 50(3) of the **Forests Act 1958** constituted by Parks Victoria; or\n\n(ii) that is the subject of an agreement under section 69 of the **Conservation, Forests and Lands Act 1987** managed by Parks Victoria on behalf of the Secretary; or\n\n(c) any function of Parks Victoria.\n\n(2) Subject to this Act, a member of an advisory committee—\n\n(a) holds office for the period, not exceeding 3 years, specified in the member's instrument of appointment; and\n\n(b) may be reappointed for a further term or terms; and\n\n(c) holds office on the terms and conditions specified in the member's instrument of appointment, including any terms and conditions as to any remuneration or allowances.\n\nDivision 5—Chief executive officer and staff\n\n\t27 Chief executive officer\n\n(1) Parks Victoria may employ a person as the chief executive officer of Parks Victoria.\n\n(2) The chief executive officer holds office, subject to this Act, on the terms and conditions that are determined by Parks Victoria and specified in the chief executive officer's contract of employment.\n\n(3) The chief executive officer is not eligible to be appointed as a member of Parks Victoria.\n\n\t28 Staff\n\n(1) Parks Victoria may employ the persons that are necessary for the performance of its functions and the exercise of its powers and duties.\n\n(2) The duties of employees of Parks Victoria include any duties in connection with the prevention or suppression of or recovery from fire and other emergencies as are determined by the Secretary in consultation with Parks Victoria.\n\nPart 3—Obligations and planning responsibilities\n\nDivision 1—Corporate planning\n\n\t29 Preparation of corporate planning documents by Parks Victoria\n\n(1) The Minister, in writing, may request Parks Victoria to prepare a corporate planning document to provide to the Minister.\n\n(2) If the Minister has requested Parks Victoria to prepare a corporate planning document, Parks Victoria must prepare the corporate planning document.\n\n(3) A request under subsection (1) must—\n\n(a) specify the date by which the corporate planning document must be provided to the Minister; and\n\n(b) specify the information to be included in the corporate planning document and the form in which the information must be provided.\n\n(4) A corporate planning document prepared by Parks Victoria under this section may be amended at any time by Parks Victoria with the approval of the Minister.\n\n(5) The Minister, in writing, may direct Parks Victoria to amend a corporate planning document prepared by Parks Victoria under this section at any time by including or omitting any specified information.\n\n(6) Parks Victoria must comply with a direction under subsection (5).\n\n\t30 Parks Victoria to notify Minister of significant affecting events etc.\n\n(1) Parks Victoria must immediately notify the Minister if Parks Victoria is of the opinion that matters have arisen that may prevent or significantly affect the achievement of—\n\n(a) the objects of Parks Victoria; or\n\n(b) financial targets, if any, under a corporate planning document.\n\n(2) In a notification under subsection (1), Parks Victoria must set out the reasons for the opinion.\n\nDivision 2—Statements of obligations\n\n\t31 Statement of obligations\n\n(1) The Minister may make a statement of obligations that sets out the obligations that Parks Victoria has in performing its functions and exercising its powers in relation to—\n\n(a) Parks Victoria managed land; and\n\n(b) land managed by a committee of management appointed under section 14 of the **Crown Land (Reserves) Act 1978** or section 50(3) of the **Forests Act 1958** constituted by Parks Victoria; and\n\n(c) land that is the subject of an agreement under section 69 of the **Conservation, Forests and Lands Act 1987** that is managed by Parks Victoria on behalf of the Secretary.\n\n(2) Without limiting the generality of subsection (1), a statement of obligations may include provisions for or with respect to the following—\n\n(a) governance;\n\n(b) guiding principles;\n\n(c) performance standards and outcomes;\n\n(d) matters to be addressed in the land management strategy;\n\n(e) management priorities for any land which Parks Victoria manages;\n\n(f) the implementation of government policies and strategies;\n\n(g) innovation and knowledge sharing;\n\n(h) compliance and enforcement;\n\n(i) collaboration or consultation with other government bodies, traditional owners, non‑government bodies and the community.\n\n\t32 Amendment, variation or revocation of a statement of obligations\n\nThe Minister may amend, vary or revoke a statement of obligations.\n\n\t33 Process for making a statement of obligations or amendment or variation\n\n(1) Before making, amending or varying a statement of obligations, the Minister must—\n\n(a) give Parks Victoria notice of the proposal to make, amend or vary a statement of obligations that sets out the substance of the proposed statement, amendment or variation; and\n\n(b) give Parks Victoria at least 28 days in which to make written submissions to the Minister on the proposal; and\n\n(c) have regard to any submissions made by Parks Victoria under paragraph (b).\n\n(2) Subsection (1) does not apply to any amendment or variation of a statement of obligations that is of a machinery, declaratory or minor technical nature.\n\nS. 33(3) inserted by No. 40/2020 s. 114.\n\n(3) If Parks Victoria advises the Minister that a submission made under subsection (1)(b) will be the only submission made in respect of the proposal, the Minister may make, amend or vary the statement of obligations before the expiry of the 28–day period or any longer period under that subsection.\n\n\t34 Issuing a statement of obligations or amendment, variation or revocation\n\n(1) As soon as possible after making a statement under section 31, the Minister must issue the statement to Parks Victoria.\n\n(2) As soon as possible after amending or varying a statement of obligations under section 32, the Minister must issue the statement of obligations as amended or varied to Parks Victoria.\n\n(3) As soon as possible after revoking a statement of obligations under section 32, the Minister must issue the notice of revocation of the statement of obligations to Parks Victoria.\n\n\t35 Publication of statement of obligations or amendment, variation or revocation\n\n(1) Within 14 days after a relevant document is issued to Parks Victoria—\n\n(a) the Minister must publish the relevant document in the Government Gazette; and\n\n(b) Parks Victoria must publish the relevant document on the Internet site of Parks Victoria.\n\n(2) In this section—\n\n***relevant document*** means—\n\n(a) a statement made under section 31 as issued under section 34(1); or\n\n(b) a statement of obligations as amended or varied under section 32 as issued under section 34(2); or\n\n(c) a notice of revocation of a statement of obligations as issued under section 34(3).\n\n\t36 Taking effect of statement of obligations\n\nA statement of obligations, or the amendment, variation or revocation of a statement of obligations, has effect when it is published in the Government Gazette.\n\n\t37 Compliance with statement of obligations\n\n(1) Parks Victoria must comply with a statement of obligations.\n\n(2) Parks Victoria must include a statement in its annual report under section 45 of the **Financial Management Act 1994** setting out how it has met its obligations under any statement of obligations.\n\nDivision 3—Land management strategy\n\n\t38 Preparation of land management strategy\n\n(1) Parks Victoria must prepare a strategy that sets out the general long-term directions, strategies and priorities for the protection, management and use of—\n\n(a) Parks Victoria managed land; and\n\n(b) land managed by a committee of management appointed under section 14 of the **Crown Land (Reserves) Act 1978** or section 50(3) of the **Forests Act 1958** constituted by Parks Victoria; and\n\n(c) land that is the subject of an agreement under section 69 of the **Conservation, Forests and Lands Act 1987** that is managed by Parks Victoria on behalf of the Secretary.\n\n(2) A strategy prepared under subsection (1) must—\n\n(a) be consistent with—\n\n(i) legislation under which the land is managed and any other legislation applying to the land; and\n\n(ii) government policies applying to the land; and\n\n(b) address any matters specified by the Minister—\n\n(i) in a direction given under section 14; or\n\n(ii) in a statement of obligations.\n\n(3) Parks Victoria must prepare the first strategy after the commencement of this Act within 2 years after that commencement.\n\n\t39 Preparation of amendment of the strategy\n\nParks Victoria may prepare an amendment of the land management strategy at any time, including by making amendments arising from any review of the strategy under section 44.\n\n\t40 Process for preparing the strategy or an amendment\n\n(1) Before a strategy is prepared under section 38 or an amendment of the land management strategy is prepared under section 39, Parks Victoria must—\n\n(a) consult with—\n\n(i) any Department or public authority whose interests may be affected by the strategy or amendment; and\n\n(ii) any specified aboriginal party for any area affected by the strategy or amendment; and\n\n(b) make a draft of the strategy or amendment available for inspection by the public for at least 28 days before it is prepared; and\n\n(c) publish a notice in a newspaper circulating generally in the State setting out where and when the draft can be inspected and inviting public comment by the date specified in the notice; and\n\n(d) publish the draft on the Internet site of Parks Victoria; and\n\n(e) have regard to any submissions made to Parks Victoria on the proposal by the date specified in the notice.\n\n(2) Subsection (1) does not apply to any amendment of the land management strategy that is of a machinery, declaratory or minor technical nature.\n\n\t41 Approving the strategy or an amendment\n\n(1) After a strategy is prepared under section 38 or an amendment of the land management strategy is prepared under section 39, Parks Victoria must submit the strategy or amendment to the Minister.\n\n(2) After receiving a strategy or amendment under subsection (1), the Minister may—\n\n(a) approve the strategy or amendment; or\n\n(b) direct Parks Victoria to alter the strategy or amendment and resubmit the strategy or amendment to the Minister.\n\n(3) The Minister must make a decision under subsection (2) within 60 days of receiving the strategy or amendment.\n\n(4) Parks Victoria must comply with a direction of the Minister under subsection (2) within 60 days of receiving the direction, or any longer period specified by the Minister.\n\n\t42 Publication and notice of the strategy or amendment\n\n(1) As soon as possible after the Minister approves the strategy under section 41, Parks Victoria must publish—\n\n(a) the strategy on the Internet site of Parks Victoria; and\n\n(b) notice of the Minister's approval in the Government Gazette.\n\n(2) As soon as possible after the Minister approves an amendment of the land management strategy under section 41, Parks Victoria must publish—\n\n(a) the land management strategy as so amended on the Internet site of Parks Victoria; and\n\n(b) notice of the Minister's approval in the Government Gazette.\n\n\t43 Taking effect of the strategy or amendment\n\nThe land management strategy, or an amendment of the land management strategy, has effect when notice of its approval is published in the Government Gazette.\n\n\t44 Review of the strategy\n\n(1) Parks Victoria must review the land management strategy—\n\n(a) at least every 10 years after the first strategy has effect; and\n\n(b) as soon as possible after the making of or any amendment or variation of the statement of obligations; and\n\n(c) at any other time if so directed by the Minister.\n\n(2) A review under subsection (1)(a) must commence no later than the end of the 10 year period.\n\n(3) In conducting a review of the strategy, Parks Victoria must—\n\n(a) consult with—\n\n(i) any Department or public authority whose interests may be affected by the strategy; and\n\n(ii) any specified aboriginal party for any area affected by the strategy; and\n\n(iii) the public; and\n\n(b) consider the results of any consultation under paragraph (a).\n\n(4) After conducting a review of the strategy, Parks Victoria may propose to the Minister—\n\n(a) that Parks Victoria should prepare an amendment to the strategy or revoke and prepare a new strategy; or\n\n(b) that no amendment is required to the strategy (other than any amendments of a minor technical nature).\n\n(5) After receiving a proposal from Parks Victoria under subsection (4), the Minister may—\n\n(a) approve the proposal; or\n\n(b) not approve the proposal and direct—\n\n(i) Parks Victoria to prepare an amendment to the strategy or revoke and prepare a new strategy; or\n\n(ii) that no amendment is required to the strategy (other than any amendments of a minor technical nature).\n\n(6) If the Minister requires Parks Victoria to prepare a land management strategy or an amendment to the land management strategy under subsection (5), the provisions of this Division apply to the preparation of the strategy or amendment.\n\n\t45 Revoking the strategy\n\nParks Victoria may revoke the land management strategy if—\n\n(a) Parks Victoria has proposed that the strategy be revoked under section 44(4)(a) and the Minister has approved the proposal under section 44(5)(a); or\n\n(b) the Minister has directed that the strategy be revoked under section 44(5)(b)(i).\n\nDivision 4—Land management plans\n\n\t46 Land management plans\n\n(1) Parks Victoria may make a plan setting out the way in which Parks Victoria will manage any area of—\n\n(a) Parks Victoria managed land; or\n\n(b) land managed by a committee of management appointed under section 14 of the **Crown Land (Reserves) Act 1978** or section 50(3) of the **Forests Act 1958** constituted by Parks Victoria; or\n\n(c) land that is the subject of an agreement under section 69 of the **Conservation, Forests and Lands Act 1987** that is managed by Parks Victoria on behalf of the Secretary.\n\n(2) A plan made under subsection (1) must be consistent with—\n\n(a) legislation under which the land is managed and any other legislation applying to the land; and\n\n(b) government policies applying to the land.\n\n(3) In making a plan under subsection (1), Parks Victoria must have regard to the land management strategy.\n\n(4) Parks Victoria must have regard to a Yarra Strategic Plan if making a plan under subsection (1) in relation to land that forms part of Yarra River land.\n\nS. 46(4A) inserted by No. 19/2020 s. 104.\n\n(4A) In making a plan under subsection (1) in relation to land that forms part of the Great Ocean Road region, Parks Victoria must have regard to an approved Great Ocean Road strategic framework plan as it applies to that land.\n\n(5) For any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of land for which a management plan has been made under subsection (1), the management plan under subsection (1) does not have effect to the extent that a joint management plan is in effect for that land.\n\n(6) This section does not derogate from any requirement in any other Act for the manager of land under that Act to prepare a land management plan (however described) for that land.\n\n\t47 Amendment or revocation of land management plans\n\nParks Victoria may amend or revoke any land management plan for an area of land at any time including by making amendments arising from any review of the plan under section 51.\n\n\t48 Process for making a land management plan or amendment\n\n(1) Before Parks Victoria makes a land management plan or an amendment of a land management plan, Parks Victoria must—\n\n(a) consult with—\n\n(i) any Department or public authority whose interests may be affected by the plan or amendment; and\n\n(ii) any relevant specified aboriginal party; and\n\n(b) make a draft of the plan or amendment available for inspection by the public for at least 28 days before making the plan; and\n\n(c) publish a notice in a newspaper circulating generally in the State and in a newspaper circulating generally in the area in which the land is situated, setting out where and when the draft can be inspected and inviting public comment by the date specified in the notice; and\n\n(d) publish the draft on the Internet site of Parks Victoria; and\n\n(e) must have regard to any submissions made to Parks Victoria on the proposal by the date specified in the notice.\n\n(2) Subsection (1) does not apply to any amendment of the land management plan  \nthat is of a machinery, declaratory or minor technical nature.\n\n\t49 Publication and notice of land management plan or amendment or revocation\n\n(1) As soon as possible after Parks Victoria makes a land management plan under this Division, Parks Victoria must publish—\n\n(a) the plan on the Internet site of Parks Victoria; and\n\n(b) notice of the making of the plan in the Government Gazette.\n\n(2) As soon as possible after Parks Victoria makes an amendment of a land management plan under this Division, Parks Victoria must publish—\n\n(a) the land management plan as so amended on the Internet site of Parks Victoria; and\n\n(b) notice of the making of the amendment in the Government Gazette.\n\n(3) As soon as possible after revoking a land management plan under this Division, Parks Victoria must publish notice of the making of the revocation—\n\n(a) on the Internet site of Parks Victoria; and\n\n(b) in the Government Gazette.\n\n\t50 Taking effect of land management plan\n\nA land management plan or the amendment or revocation of a land management plan has effect when notice of its making is published in the Government Gazette.\n\n\t51 Review of land management plans\n\n(1) Parks Victoria must review each land management plan for an area of land for each period of 15 years after the first plan for the area has effect.\n\n(2) A review under subsection (1) must commence no later than the end of the 15 year period.\n\n(3) In conducting a review under subsection (1), Parks Victoria must—\n\n(a) consult with—\n\n(i) any Department or public authority whose interests may be affected by the plan; and\n\n(ii) any specified aboriginal party for any area affected by the plan; and\n\n(iii) the public; and\n\n(b) consider the results of any consultation under paragraph (a).\n\n(4) On completing a review of the land management plan, Parks Victoria may—\n\n(a) revoke the plan and make a new land management plan under this Division for the area; or\n\n(b) amend the plan under this Division; or\n\n(c) only make amendments of a machinery, declaratory or minor technical nature to the plan.\n\nPart 4—Transitional provisions\n\n\t52 Definitions\n\nIn this Part—\n\n***commencement day***  means the day on which this Act comes into operation;\n\n***new body***  means Parks Victoria within the meaning of this Act;\n\n***old Act*** means the **Parks Victoria Act 1998**;\n\n***old body*** means Parks Victoria within the meaning of the old Act.\n\n\t53 Repeal of Parks Victoria Act 1998\n\nThe **Parks Victoria Act 1998** is **repealed**.\n\n\t54 Abolition of old body and provisions relating to transition to new body\n\n(1) Except as otherwise provided in this Act, on the commencement day—\n\n(a) the old body is abolished; and\n\n(b) all rights, property and assets that, immediately before the commencement day, were vested in the old body vest in the new body; and\n\n(c) all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the new body; and\n\n(d) the new body is substituted as a party to any proceedings pending in any court or tribunal to which the old body was a party immediately before the commencement day; and\n\n(e) the new body is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and\n\n(f) the new body is substituted for the old body—\n\n(i) as a declared waterway manager for any State waters for which the old body was the declared waterway manager under section 6 of the **Marine Safety Act 2010** immediately before the commencement day; and\n\n(ii) as the port manager of any local port for which the old body was the appointed port manager under section 44A of the **Port Management Act 1995** immediately before the commencement day.\n\n(2) Except as otherwise provided in this Act, any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period on or after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new body.\n\n(3) On the commencement day, each member of the old body—\n\n(a) is taken to be a member of the new body, as if the member had been appointed under this Act; and\n\n(b) is taken to be appointed—\n\n(i) for the period that would have been the remaining period of that member's term of appointment under the old Act; and\n\n(ii) on the same terms and conditions that the member had as a member of the old body immediately before the commencement day.\n\n(4) On the commencement day, the chief executive officer of the old body—\n\n(a) is taken to be the chief executive officer of the new body, as if the chief executive officer had been appointed under this Act; and\n\n(b) is taken to be appointed—\n\n(i) for the period that would have been the remaining period of the chief executive officer's term of appointment under the old Act; and\n\n(ii) on the same terms and conditions that the chief executive officer had as chief executive officer of the old body immediately before the commencement day.\n\n\t55 Transfer of staff from old body to new body\n\n(1) On the commencement day, a person who was an employee of the old body immediately before the commencement day is taken to be an employee of the new body.\n\n(2) A transferred employee is taken to—\n\n(a) be employed in the same position in the new body as the position that the transferred employee occupied in the old body, with effect on and from the commencement day; and\n\n(b) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old body immediately before the commencement day; and\n\n(c) have accrued an entitlement to benefits in connection with the employment with the new body that is equivalent to the entitlement that the transferred employee had accrued, as an employee  \nof the old body, immediately before the commencement day.\n\n(3) The service of a transferred employee with the new body is taken to be continuous with that service of the transferred employee as an employee of the old body that ceased immediately before the commencement day.\n\n(4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old body because of the operation of this Part.\n\n(5) The chief executive officer of the new body may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the new body with effect on and from the commencement day.\n\n(6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is proof of the matters stated in it.\n\n(7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.\n\n(8) If a transferred employee was, immediately before the commencement day, an officer within the meaning of the **State Superannuation Act 1988**, the transferred employee continues to be such an officer.\n\n(9) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect on or after the commencement day; or\n\n(b) a transferred employee from resigning or being dismissed on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the new body.\n\n(10) In this section—\n\n***transferred employee***  means an employee of the old body who is taken to be an employee of the new body by subsection (1).\n\nPts 5–13 (Headings and  \nss 56–253) repealed by No. 19/2018 s. 253.\n\n* * * * *\n\n ════════════\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\n*Minister's second reading speech—*\n\nLegislative Assembly: 21 February 2018\n\nLegislative Council: 1 May 2018\n\nThe long title for the Bill for this Act was \"A Bill for an Act to repeal and re‑enact with amendments the **Parks Victoria Act 1998** and to make consequential and related amendments to certain other Acts and for other purposes.\"\n\nThe **Parks Victoria Act 2018** was assented to on 5 June 2018 and came into operation on 12 September 2018: Special Gazette (No. 386) 21 August 2018 page 1.\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\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Parks Victoria Act 2018** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Parks Victoria Act 2018, No. 19/2018**\n\n| Assent Date: | 5.6.18 |\n| --- | --- |\n| Commencement Date: | S. 253 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |\n| Note: | S. 253 repealed Pts 5–13 (ss 56–253) on 1.11.19 |\n| Current State: | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**\n\n| Assent Date: | 23.6.20 |\n| --- | --- |\n| Commencement Date: | Ss 102−104 on 1.12.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n**Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020**\n\n| Assent Date: | 1.12.20 |\n| --- | --- |\n| Commencement Date: | Ss 113, 114 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n**Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021**\n\n| *Assent Date:* | 19.10.21 |\n| --- | --- |\n| *Commencement Date:* | S. 150 on 1.9.22: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n**Suburban Rail Loop Act 2021, No. 43/2021**\n\n| Assent Date: | 19.10.21 |\n| --- | --- |\n| Commencement Date: | S. 219(Sch. 1 item 9) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 20) on 22.10.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Parks Victoria Act 2018** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have consolidated and continued the existing Parks Victoria framework without significant expansion or contraction of its original scope. The consolidated version reflects updates over time but the core purpose — establishing and governing Parks Victoria as a statutory body — remains consistent with the Act as originally made in 2018."},"complexity_factors":["Establishes a statutory body with its own governance framework, requiring understanding of corporate/public law concepts","Interacts with multiple other Victorian laws governing public land, conservation, and environmental management","Involves financial accountability provisions that reference broader public sector finance legislation","Limited detail available in the provided text — full complexity of operative provisions cannot be fully assessed from the metadata alone","Relatively straightforward structural purpose compared to regulatory or taxation legislation"],"plain_english_summary":"## Parks Victoria Act 2018\n\nThis Act establishes and governs **Parks Victoria**, the government body responsible for managing Victoria's parks, reserves, and other protected natural areas.\n\n### Who does this affect?\n- **Victorians generally** — anyone who uses parks, reserves, trails, or public land in Victoria\n- **Parks Victoria staff and management** — their roles, powers, and responsibilities are defined here\n- **Businesses operating in parks** — tour operators, concession holders, and others who run commercial activities in parkland\n- **Local communities near parks** — including Traditional Owners with connections to protected land\n\n### What does it do?\n- **Creates Parks Victoria as a formal statutory body** (a government organisation established by law, with its own legal identity separate from the government itself)\n- **Sets out how Parks Victoria is governed** — including its board structure, how members are appointed, and accountability requirements\n- **Defines Parks Victoria's functions and powers** — what it can and cannot do in managing public land\n- **Establishes financial and reporting obligations** — ensuring the organisation is accountable to the public and Parliament\n- **Provides a framework for managing parks** — covering everything from conservation to recreational access\n\n### Why does it matter?\nParks Victoria oversees millions of hectares of public land that Victorians use for recreation, conservation, and cultural connection. This Act determines how that land is managed, who is in charge, and what rules apply — affecting everything from your weekend bushwalk to major conservation decisions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act repeals and re‑enacts the 1998 Act with amendments (s 1, s 53). Compared with the prior statutory framework (expressly replaced), this version retains the core role of managing Parks Victoria managed land (ss 5–9) but formalises additional governance, planning and accountability mechanisms: statutory statements of obligations and Ministerial direction powers (ss 14, 31–37), prescribed processes and publication requirements for land management strategies and plans with set review cycles (ss 38–45, 46–51), explicit interaction rules with new external frameworks (Yarra Strategic Plan and approved Great Ocean Road strategic framework plan) (ss 10, 10A), broadened service agreement powers including interstate/international provision of emergency services (ss 11–12), and delegation to contractors of certain permit issuance powers (s 13(3)). Transitional clauses (ss 54–55) preserve continuity by vesting assets, liabilities and staff in the newly constituted body. These additions expand operational governance, accountability and inter‑agency interaction compared with the repealed Act."},"complexity_factors":["Extensive cross‑references to other Acts and external plans (Yarra Strategic Plan, Great Ocean Road framework) requiring inter‑legislative consistency (ss 3, 10, 10A).","Multiple, layered planning instruments with statutory timelines and publication steps (corporate plans, statements of obligations, land management strategy, land management plans) (ss 29, 31–38, 46–51).","Significant Ministerial discretion and legally binding instruments (directions, statements of obligations, approvals) that interact with Parks Victoria’s duties (ss 14, 31, 41).","Delegation rules including delegation of permit powers to contractors, creating operational complexity and potential outsourcing of regulatory functions (s 13(3)).","Formal consultation and public exhibition requirements at multiple stages that increase coordination and procedural workload (ss 40, 48, 51).","Transitional arrangements transferring assets, liabilities, staff and ongoing contracts from the old body to the new body (ss 54–55).","Publication, effect and timing rules tying legal effect to Gazette or website publication (ss 35, 42–43, 49–50).","Approval requirements for certain service agreements (Ministerial written approval for specified services), adding an extra compliance layer (ss 11(5), 12(2))."],"plain_english_summary":"# What this Act does (mechanically)\n\n- The Act repeals the previous Parks Victoria Act 1998 and re-establishes Parks Victoria as a statutory body corporate (ss 1, 53, 5). Parks Victoria represents the Crown (s 6), may hold and deal in property, accept grants or donations (s 5(2)(e)–(f)), and may sue and be sued in its corporate name (s 5(2)(c)).\n\n- It sets out Parks Victoria's objects (what it must aim to do) — protect and manage Parks Victoria managed land and its natural and cultural values, support traditional owner involvement, encourage community enjoyment and understanding, and contribute to State/regional land management outcomes (s 7).\n\n- The Act lists specific functions and powers for Parks Victoria (control and management of Parks Victoria managed land; enforcement of laws on that land; cooperating with other land managers; providing emergency and other services under agreements; advising the Minister; and doing anything necessary to achieve its objects) (ss 8–9, 11–12).\n\n- The Minister has formal powers to direct Parks Victoria about performance of its functions and powers; Parks Victoria must be given notice of proposed directions and must comply with any direction given lawfully (ss 14–15). The Minister can also issue a written \"statement of obligations\" setting obligations Parks Victoria must meet, and may amend, vary or revoke that statement (ss 31–37).\n\n- The Act establishes an accountable governance and planning structure: a board of 5–9 members (with required skills), appointment rules and terms, meeting and decision rules, delegation powers (including delegating certain permit powers to contractors), and a chief executive officer and staff provisions (ss 16–28, 13, 27–28).\n\n- Parks Victoria must prepare corporate planning documents on Ministerial request (s 29), notify the Minister when matters arise that may prevent or significantly affect achievement of its objects or financial targets (s 30), prepare a long‑term land management strategy and periodic reviews (ss 38–45), and may make land management plans for specific areas with specified public consultation and publication steps (ss 46–51). Many documents take effect only once published in the Government Gazette or on Parks Victoria's website (ss 35, 42, 49, 43, 50).\n\n- The Act contains transitional provisions transferring assets, liabilities, staff and ongoing contracts from the old Parks Victoria body to the new one so operations continue with minimal legal interruption (ss 54–55).\n\n# Official rationale (as stated) and how the Act implements it\n\n- The stated purpose is to repeal and re‑enact with amendments the Parks Victoria Act 1998 and make consequential amendments to other Acts (s 1). The Act implements that by (a) re‑establishing the body, (b) restating objects and functions, and (c) adding explicit obligations and planning processes (Parts 2–4).\n\n# Testing the stated purpose against costs, incentives, trade‑offs and implementation mechanics\n\n- Who decides and where the discretion sits: the Minister has formal directional control (ss 14–15), and may issue legally binding statements of obligations (ss 31–37). The Minister also approves or directs alteration of Parks Victoria's land management strategy (s 41). Those provisions concentrate decision authority in the executive and create legally enforceable obligations on Parks Victoria (s 37).\n\n- Who pays and how costs are allocated: the Act does not set an explicit recurring funding formula. It allows Parks Victoria to accept grants and donations (s 5(2)(f)) and to enter into paid service agreements (ss 11–12). The Act requires Parks Victoria to report on how it met obligations in its annual report (s 37) and to notify the Minister when events may affect financial targets (s 30), which creates accountability but does not specify the source of funding for new obligations. Practically, costs of preparing strategies, plans, consultations and compliance will fall on Parks Victoria (ss 29, 38, 40, 46, 48, 51) and on stakeholders who participate in consultation.\n\n- Compliance burden and administrative costs: the Act imposes repeated, structured planning, consultation and publication processes. Parks Victoria must prepare corporate documents on request (s 29), prepare and publish a land management strategy (ss 38, 42–43) with reviews at least every 10 years (s 44), and prepare land management plans and review them at least every 15 years (ss 46, 51). Drafts must be publicly exhibited and submissions considered (ss 40, 48). These procedural steps create ongoing staff time and administrative processes (ss 27–28) and require record‑keeping and publication (ss 15, 35, 42, 49).\n\n- Bureaucratic discretion and implementation risk: the Minister may direct (s 14), specify matters to be addressed in strategies through statements of obligations (ss 31–33), and approve or require changes to strategies within a fixed 60‑day decision window (s 41). That creates a clear mechanism for executive control over priorities but also a risk of delays or rework where the Minister requires alterations (s 41(2)(b)). The Act also requires Parks Victoria to consult several external parties (public authorities, specified aboriginal parties, the public) when preparing strategies and plans (ss 40, 48, 51), which increases coordination complexity and may extend timelines.\n\n- Effects on private enterprise, competition and contract freedom: the Act creates both constraints and opportunities for private parties. Constraints: Parks Victoria enforces laws on Parks Victoria managed land (s 8(1)(b)) and must be guided by strategy and plans that can restrict land uses (ss 38, 46). Opportunities: Parks Victoria may enter agreements to provide services domestically or internationally (ss 11(2), 12(1)) and may accept grants or donations (s 5(2)(f)). Critically, Parks Victoria may delegate certain permit issuance powers to contracted persons (s 13(3)), which gives private contractors the power to act in a quasi‑regulatory role (permit issuance) — that changes who interacts with businesses seeking permits and shifts some operational control away from the board/staff to contractors if used.\n\n- Traditional owner engagement and consultation: the Act requires Parks Victoria to support involvement of a specified aboriginal party in management (s 8(1)(a)(ii)) and to consult specified aboriginal parties when preparing strategies and plans (ss 40(1)(a)(ii), 48(1)(a)(ii), 51(3)(a)(ii)). Those clauses legally anchor engagement obligations and make consultation a built‑in part of plan development.\n\n- Concentrated benefits and diffuse costs: the instrument creates mechanisms (Ministerial directions, statements of obligations, and service agreements) that can concentrate benefits on those who receive contracts, grants or delegated functions (ss 14, 31, 11–12, 13(3)). Costs of compliance (preparing plans, participating in consultations, meeting obligations) are more diffuse — borne by Parks Victoria, contractors, and the public who must participate in consultations (ss 29, 38, 40, 46, 48, 51). The Act itself does not prescribe commercial selection processes for contracts or grants beyond requiring Ministerial approval in specified cases (ss 11(5), 12(2)).\n\n- Substitution effects and unintended consequences (mechanism‑focused): delegation of permit powers to contractors (s 13(3)) and the power to provide services outside Victoria (ss 11–12) may shift operational activity from in‑house public staff to contracted providers and change how citizens and businesses access regulatory decisions. Publishing directions and plans (ss 15, 35, 42, 49) increases transparency but also fixes obligations that can limit Parks Victoria’s short‑term operational flexibility (s 36, s 43, s 50).\n\n# Bottom line: who acts and what changes\n\n- Who pays: the Act does not set a funding stream; Parks Victoria may accept grants/donations and enter service agreements (s 5(2)(f), ss 11–12). Costs of implementing plans, meeting obligations and complying with directions will fall primarily on Parks Victoria and on parties to agreements as their contracts specify (ss 29, 30, 31–37, 11–12).\n\n- Who decides: the Minister has legally significant controls (directions, statements of obligations, approval of strategies), Parks Victoria’s board governs operations within the Act’s constraints (ss 14, 31, 41, 16–23).\n\n- What behaviour changes: Parks Victoria must undertake structured planning, consultation, publication and reporting; may enter commercial service agreements and delegate certain permit powers to contractors; must give formal effect to Yarra and Great Ocean Road planning instruments where they bind Parks Victoria (ss 10, 10A); and must follow Ministerial policy directions and obligations (ss 14, 31). These are the concrete mechanisms by which the Act changes management and governance of public land.\n\n(References in parentheses are to sections of the Act cited above.)"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2018 Act has been amended to incorporate specific obligations for the Great Ocean Road region (2020) and to create exemptions for major transport infrastructure projects including the Suburban Rail Loop (2021). The definition of 'Parks Victoria managed land' was also amended in 2021 to exclude land controlled by the new Great Ocean Road Coast and Parks Authority, reflecting a reallocation of management responsibilities. These changes show the Act has grown beyond its original scope of establishing Parks Victoria to become a nexus for coordinating multiple landscape-scale management regimes and major infrastructure exceptions."},"complexity_factors":["Moderate length (55 sections plus transitional provisions)","22 defined terms in section 3, many referencing other Acts (Yarra River Protection Act, Great Ocean Road Act, etc.)","Multiple layers of planning documents: corporate plans, statements of obligations, land management strategy, and specific land management plans","Extensive cross-referencing to other Victorian legislation (National Parks Act, Conservation Forests and Lands Act, Crown Land Act, etc.)","Conditional exceptions for 'machinery, declaratory or minor technical' amendments that bypass standard consultation processes","Specific carve-outs for major transport projects (declared projects under Major Transport Projects Facilitation Act and Suburban Rail Loop projects) that exempt Parks Victoria from certain obligations","Nested governance structures: board, committees, advisory committees, CEO delegation powers","Dual management arrangements where Parks Victoria acts as agent for the Secretary or as committee of management under other Acts"],"plain_english_summary":"This Act establishes **Parks Victoria** as a government body responsible for managing Victoria's parks, reserves, and protected areas.\n\n**What it does:**\n- **Creates Parks Victoria** as a legal entity (a 'body corporate') that can own property, enter contracts, and sue or be sued\n- **Sets its mission**: To protect and conserve natural and cultural values of parkland, support Traditional Owner involvement, and provide recreational opportunities for the community\n- **Gives it powers**: To manage land, enforce park laws, conduct research, fight bushfires, and provide related services both in Victoria and interstate/overseas\n- **Requires planning**: Parks Victoria must prepare corporate plans, follow 'statements of obligations' issued by the Minister, create a 10-year land management strategy, and develop specific management plans for individual park areas\n- **Establishes governance**: A board of 5-9 appointed members (including conservation and financial experts), a CEO, and staff\n- **Recognises Aboriginal interests**: Requires consultation with Traditional Owners and specified Aboriginal parties in planning and management\n- **Protects special areas**: Includes specific obligations for the Yarra River and Great Ocean Road regions, requiring Parks Victoria to follow special strategic plans for these areas (with exceptions for major transport projects)\n\n**Who it affects:**\n- Visitors to Victoria's national parks and reserves\n- Traditional Owners with interests in parkland\n- Neighbours of parkland and local communities\n- Businesses operating in or near parks\n- Anyone using the Yarra River corridor or Great Ocean Road region\n\n**Why it matters:**\nThis Act is the legal foundation for how Victoria's natural treasures are protected and managed. It balances conservation with public access, embeds Aboriginal partnership in land management, and ensures transparency through public consultation requirements and published planning documents."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/parks-victoria-act-2018","history":"/api/acts/parks-victoria-act-2018/history","analysis":"/api/acts/parks-victoria-act-2018/analysis","conflicts":"/api/acts/parks-victoria-act-2018/conflicts","importantCases":"/api/acts/parks-victoria-act-2018/important-cases","documents":"/api/acts/parks-victoria-act-2018/documents"}}