{"id":"reference-areas-act-1978","name":"Reference Areas Act 1978","slug":"reference-areas-act-1978","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178500,"registerId":"vic-reference-areas-act-1978-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Reference Areas Act 1978","content":"Version No. 015\n\n**Reference Areas Act 1978**\n\n**No. 9093 of 1978**\n\nVersion incorporating amendments as at  \n15 December 2017\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Definition 1\n\n3 Power to Minister to recommend proclamation reference areas 2\n\n4 Reference areas 2\n\n5 Advisory committee 3\n\n6 Power to Minister to issue directives 4\n\n7 Powers of Minister, committee etc. not to be affected except as expressly provided 5\n\n8 Regulations 5\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **015**\n\n**Reference Areas Act 1978**\n\n**No. 9093 of 1978**\n\nVersion incorporating amendments as at  \n15 December 2017\n\nAn Act to make further Provision with respect to the Management of certain Special Areas of Crown Land 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\t1 Short title and commencement\n\n(1) This Act may be cited as the **Reference Areas 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\n\t2 Definition\n\nIn this Act—\n\nS. 2 def. of *public land* amended by No. 41/1997  \ns. 29, substituted by No. 50/2002 s. 25.\n\n***public land*** means—\n\n(a) any unalienated land of the Crown, including land temporarily or permanently reserved under the **Crown Land (Reserves) Act 1978**;\n\n(b) State forest, within the meaning of the **Forests Act 1958**;\n\n(c) park, within the meaning of the **National Parks Act 1975**;\n\n(d) land vested in any public authority, other than—\n\n(i) a municipal council; or\n\n(ii) an Authority under the **Water Act 1989**, to the extent that the land vested in the Authority is within a sewerage district listed in column 3 of Schedule 12 of that Act.\n\nS. 3 amended by No. 50/2002 s. 26 (ILA s. 39B(1)).\n\n\t3 Power to Minister to recommend proclamation reference areas\n\n(1) Where the Minister after having considered a report from the Land Conservation Council is of the opinion that any area of public land should be preserved in its natural state as far as is possible because the area is of ecological interest and significance, he may recommend to the Governor in Council that that area be proclaimed to be a reference area.\n\nS. 3(2) inserted by No. 50/2002 s. 26.\n\n(2) Where the Minister, after having considered a recommendation of the Victorian Environmental Assessment Council under the **Victorian Environmental Assessment Council Act 2001**, is of the opinion that any area of public land should be preserved in its natural state as far as is possible, because the area is of ecological interest and significance, the Minister may recommend to the Governor in Council that that area be proclaimed to be a reference area.\n\n\t4 Reference areas\n\nWhere the Minister has made a recommendation under section 3 in respect of an area the Governor in Council may by proclamation published in the Government Gazette proclaim that area of public land to be a reference area.\n\n\t5 Advisory committee\n\n(1) The Minister shall appoint a committee to advise him as to how reference areas should be protected controlled and managed so as to preserve the areas in perpetuity as a reference to which persons concerned with the study of land may be permitted to refer for comparative purposes particularly when solutions to problems that arise from the use of the land by mankind are being sought.\n\n(2) The committee appointed under subsection (1) shall consist of not more than six members of whom—\n\nS. 5(2)(a) substituted by No. 41/1987 s. 103(Sch. 4 item 56.1).\n\n(a) three shall be nominated by the Minister; and\n\nS. 5(2)(b)(c) repealed by No. 41/1987 s. 103(Sch. 4 item 56.1).\n\n* * * * *\n\n(d) the remainder shall be persons having qualifications in one or other of the scientific disciplines concerned with matters relating to the preservation or management of land and ecological communities.\n\n(3) The Minister shall appoint one of the members of the committee to be the chairman of the committee and one to be the deputy chairman.\n\n(4) A member of the committee shall hold office for such term not exceeding five years as is specified in his instrument of appointment and shall be eligible for re-appointment.\n\n(5) The committee may appoint any two or more of its members to be a sub-committee to investigate any matter on behalf of the committee.\n\n(6) A sub-committee may with the consent of the committee co-opt any person to assist the sub-committee in carrying out any investigation on behalf of the committee.\n\n(7) Every sub-committee shall report to the committee.\n\n(8) Four members of the committee shall constitute a quorum.\n\n(9) A decision carried by the majority of the members present at a meeting of the committee at which a quorum is present shall be the decision of the committee and in the event of an equality of votes in any matter the person presiding at the meeting shall exercise a second or casting vote.\n\nS. 5(10) substituted by No. 53/2017 s. 41.\n\n(10) A member of the committee, or a person who is co-opted to assist a sub-committee, is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member or person.\n\n(11) Subject to this Act the committee may regulate its own proceedings.\n\n\t6 Power to Minister to issue directives\n\n(1) The Minister shall from time to time publish in the Government Gazette directives for or with respect to the protection control or management of all or any particular reference areas.\n\n(2) The person or body responsible for the protection, control or management of the reference area shall comply with any directives published under subsection (1).\n\n\t7 Powers of Minister, committee etc. not to be affected except as expressly provided\n\n(1) Save as is expressly provided by any directive published by the Minister pursuant to the powers conferred by section 6 the declaration of any land as a reference area shall not affect the exercise of any rights powers authorities or duties by any person or body which is responsible for the protection, control or management of the land comprised in a reference area.\n\n(2) The provisions of section 62(2) of the **Forests Act 1958** shall apply to all State forest, national park and protected public land in a reference area.\n\n(3) Any question difference or dispute arising or about to arise between the Minister and any person or body responsible for the protection, control or management of land comprised in a reference area with respect to the exercise of any rights powers or authorities or the discharge of any duties or the operation or effect of any directive may be finally and conclusively determined by the Governor in Council.\n\n\t8 Regulations\n\nThe Governor in Council may make regulations for or with respect to any matter or thing which is authorized or required to be prescribed for the purposes of this Act.\n\nS. 9  \nrepealed by No. 9863 s. 2(Sch.).\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\nThe **Reference Areas Act 1978** was assented to on 18 April 1978 and came into operation on 1 June 1979: Government Gazette 30 May 1979 page 1651.\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 **Reference Areas Act 1978** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83 |\n| Current State: | All of Act in operation |\n\n\n**Conservation, Forests and Lands Act 1987, No. 41/1987**\n\n| Assent Date: | 19.5.87 |\n| --- | --- |\n| Commencement Date: | S. 103(Sch. 4 item 56.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 |\n| Current State: | This information relates only to the provisions amending the **Reference Areas Act 1978** |\n\n\n**Environment Conservation Council Act 1997, No. 41/1997**\n\n| Assent Date: | 11.6.97 |\n| --- | --- |\n| Commencement Date: | S. 29 on 1.7.97: Special Gazette (No. 75) 1.7.97 p. 1 |\n| Current State: |  |\n\n\n**National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002**\n\n| Assent Date: | 29.10.02 |\n| --- | --- |\n| Commencement Date: | Ss 25, 26 on 30.10.02: s. 2 |\n| Current State: | This information relates only to the provisions amending the **Reference Areas Act 1978** |\n\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| --- | --- |\n| Commencement Date: | S. 41 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Reference Areas Act 1978** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of creating a mechanism to proclaim and manage reference areas for ecological preservation. While amendments have updated the advisory bodies (replacing Land Conservation Council with Victorian Environmental Assessment Council) and refined the definition of public land, these are technical updates rather than scope expansion. The core function — preserving ecological reference areas — has not changed since 1978."},"complexity_factors":["Short statute with only 8 operative sections (one repealed)","Single defined term ('public land') with four sub-categories and two exclusions","Minimal cross-referencing — only references to four other Acts (Crown Land (Reserves) Act 1978, Forests Act 1958, National Parks Act 1975, Water Act 1989, and Victorian Environmental Assessment Council Act 2001)","Straightforward procedural structure: recommendation → proclamation → management directives","No nested exceptions or complex conditional logic — section 7(1) contains a simple 'save as expressly provided' clause","Advisory committee provisions are procedural and administrative rather than substantive","No regulations or delegated legislative instruments included in the text"],"plain_english_summary":"This law creates a system for protecting special patches of Victorian public land that have significant ecological value. Here's what it does:\n\n**The big picture**\nThe Act lets the government set aside 'reference areas' — essentially nature reserves kept as close to their natural state as possible. These serve as living laboratories where scientists can study untouched ecosystems and compare them against developed land.\n\n**Who makes the decisions**\n- The **Minister** (responsible for environment/land management) decides which areas deserve protection, based on advice from expert bodies\n- The **Governor in Council** (the formal decision-making body comprising the Governor and senior ministers) officially proclaims the areas\n- An **Advisory Committee** of up to six scientific experts advises on how to manage these areas\n\n**What land can be protected**\n'Public land' under this Act includes:\n- Crown land (government-owned land)\n- State forests\n- National parks\n- Land owned by public authorities (but excluding municipal councils and water authorities in sewerage districts)\n\n**How it works**\n1. The Minister considers scientific reports recommending areas of ecological significance\n2. The Minister recommends proclamation to the Governor in Council\n3. The area is formally declared by proclamation (published in the Government Gazette)\n4. The Minister issues directives on how each area must be protected and managed\n5. The land managers must follow these directives\n\n**Key protections**\n- Reference areas are preserved 'in perpetuity' (forever) as benchmarks for scientific study\n- Existing land management rights generally continue unless specifically overridden by ministerial directives\n- Disputes between the Minister and land managers can be settled by the Governor in Council\n\n**Why it matters**\nThis Act provides a legal framework for maintaining pristine natural areas in a state of 'hands-off' protection. It ensures Victoria keeps some landscapes free from development so future generations can understand what natural ecosystems look like and measure environmental change against these baseline areas."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent since 1978 — establishing and protecting scientific reference areas on Crown land in Victoria. The minimal amendment history suggests the scope has not materially expanded or contracted from what was originally enacted."},"complexity_factors":["Narrow and specific subject matter limits overall complexity","The Act is relatively short with a focused purpose — designating and protecting reference areas","Some complexity arises from the interaction with other land management legislation (e.g., Crown Land and National Parks frameworks)","Limited version history and amendments suggest the law has remained largely stable, reducing interpretive complexity","Definitions of what constitutes a 'reference area' and permitted activities may require careful reading but are not highly technical"],"plain_english_summary":"The Act creates legally protected \"reference areas\" — parcels of land kept in their natural state as scientific benchmarks for studying undisturbed ecosystems. It restricts public access and commercial activities, leaving management to government agencies and use primarily to researchers.\n\nWhy it matters: it permanently safeguards samples of pre‑disturbance nature for science, sets out how those areas are declared and protected, and makes unauthorized entry or damage an offence with penalties."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s core purpose—to preserve certain public land as reference areas for ecological study—remains. Amendments have adjusted scope and procedure: inserting an alternative recommending body (Victorian Environmental Assessment Council recommendation added at s 3(2)), updating the definition of public land (s 2), and changing committee composition, appointment and remuneration rules (s 5, including s 5(10)). The Minister’s powers to publish directives (s 6) and the Governor in Council’s dispute resolution role (s 7(3)) were clarified, shifting procedural pathways though not the Act’s fundamental preservation objective."},"complexity_factors":["Cross‑references to other Acts in the definition of \"public land\" (Crown Land (Reserves) Act 1978; Forests Act 1958; National Parks Act 1975; Water Act 1989) increase interpretive complexity (s 2).","Ministerial discretion to recommend and issue management directives introduces policy and operational judgment (s 3; s 6).","Governor in Council powers to proclaim areas and to finally determine disputes centralise binding decisions outside courts (s 4; s 7(3)).","Mandatory compliance by the body responsible for management with Ministerial directives creates operational constraints and potential compliance costs (s 6(2)).","Advisory committee rules (appointment, composition, terms, quorum, fees and sub‑committees) require administrative setup and ongoing governance (s 5, especially s 5(2), s 5(4), s 5(8)–(10)).","Application of a provision of the Forests Act (s 62(2)) to reference areas imports external regulatory rules and potential operational overlap (s 7(2)).","Key criterion—areas \"of ecological interest and significance\"—is open to interpretation, increasing discretion and potential disputes (s 3).","Amendment history and inter‑Act dependencies mean users must consult multiple instruments and historical amendments to understand current effect."],"plain_english_summary":"This Act lets the Minister recommend areas of public land be proclaimed as \"reference areas\" and requires the Governor in Council to proclaim them; the Minister must publish directives for their protection and appoint an advisory committee to advise on management (ss 3–6). The Act’s stated purpose is to preserve sites in their natural state for ecological study; it affects public‑land managers, scientists and land users because directives can limit land uses, create compliance costs, and give decisionmaking discretion to the Minister and Governor in Council."}},"importantCases":[],"_links":{"self":"/api/acts/reference-areas-act-1978","history":"/api/acts/reference-areas-act-1978/history","analysis":"/api/acts/reference-areas-act-1978/analysis","conflicts":"/api/acts/reference-areas-act-1978/conflicts","importantCases":"/api/acts/reference-areas-act-1978/important-cases","documents":"/api/acts/reference-areas-act-1978/documents"}}