{"id":"royal-botanic-gardens-act-1991","name":"Royal Botanic Gardens Act 1991","slug":"royal-botanic-gardens-act-1991","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174100,"registerId":"vic-royal-botanic-gardens-act-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Botanic Gardens Act 1991","content":"Version No. 030\n\n**Royal Botanic Gardens Act 1991**\n\n**No. 87 of 1991**\n\nVersion incorporating amendments as at  \n15 December 2017\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n3A Filming Approval Act 2014 4\n\n4 Act binds the Crown 4\n\n5 Objectives 4\n\nPart 2—The Royal Botanic Gardens Board 6\n\nDivision 1—Establishment and membership 6\n\n6 Establishment 6\n\n7 Board represents Crown 6\n\n8 Board member's immunity 6\n\n9 Board's accountability 7\n\n10 Membership and procedure 7\n\nDivision 2—Functions and general powers 7\n\n11 Functions 7\n\n12 General powers 9\n\n13 Delegation 9\n\nDivision 3—Miscellaneous specific powers 9\n\n14 Specific powers 9\n\n15 Services 11\n\nDivision 4—Powers over land 11\n\n16 Botanic gardens 11\n\n17 Managed Crown land 11\n\n18 Managed freehold land 12\n\n19 Notice of managed land 13\n\n20 Land acquired by gift 13\n\n21 When is acquired land not managed land? 13\n\n22 Notice where land ceases to be managed land 14\n\n23 Disposal of land 14\n\n24 Leases, licences and permits 14\n\nDivision 5—Powers over the State botanical collection 15\n\n25 Additions to the collection 15\n\n26 Maintaining the collection 16\n\n27 Disposal of the collection 16\n\nDivision 6—Works 16\n\n28 Board may carry out works 16\n\nDivision 7—Finance and reporting 17\n\n29 General fund 17\n\n30 Borrowing and investment powers 18\n\n31 Treasurer's guarantees 18\n\n32 Agreements with Secretary 19\n\n33 Secretary's access to financial information 19\n\n35 Corporate planning documents of the  Board 19\n\nPart 3—The Director and staff 21\n\nDivision 1—The Director 21\n\n38 Appointment of Director 21\n\n41A Appointment of acting Director 21\n\n42 Reappointment to public service and superannuation 22\n\n43 Director's role 22\n\n44 Director must give Secretary financial information 23\n\nDivision 2—Chief botanist and other staff 23\n\n45 Nomination of chief botanist 23\n\n46 Role of the chief botanist 23\n\n47 Delegation by chief botanist 23\n\n48 Other staff 24\n\nDivision 3—General 24\n\n49 Staff not subject to Public Administration Act 2004 24\n\nPart 4—Enforcement and regulations 25\n\n50 Who may take proceedings? 25\n\n50A Offences 25\n\n50B Requirement to give name and address 25\n\n50C Authorised officers must identify themselves 27\n\n51 Regulations 27\n\nPart 5—Amendments and transitional provisions 30\n\nDivision 2—Transitional provisions 30\n\n53 Assets and liabilities to vest in Board 30\n\n54 Reservations and tenures to continue 31\n\n55 Gifts, trusts etc. 31\n\n57 Transferred staff 32\n\n58 Superannuation and reappointment to the public service 32\n\n59 References to government botanist 33\n\n60 Transitional provisions—Parks and Crown Land Legislation Amendment Act 2017 34\n\nSchedules 35\n\nSchedule 1—Botanic Gardens 35\n\nSchedule 2—Membership of the Board 36\n\nSchedule 3—Procedure of the Board 40\n\nEndnotes 42\n\n1 General information 42\n\n2 Table of Amendments 44\n\n3 Amendments Not in Operation 46\n\n4 Explanatory details 47\n\n**Version No.** **030**\n\n**Royal Botanic Gardens Act 1991**\n\n**No. 87 of 1991**\n\nVersion incorporating amendments as at  \n15 December 2017\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish the Royal Botanic Gardens Board and define its functions;\n\n(b) to establish a position of Director, Royal Botanic Gardens;\n\n(c) to provide for the management of the Royal Botanic Gardens, Melbourne and the National Herbarium of Victoria;\n\n(d) to make consequential amendments to **Drugs, Poisons and Controlled Substances Act 1981**.\n\n\t2 Commencement\n\nThis Act comes into operation on a day to be proclaimed.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *authorised officer* inserted by No. 86/2003 s. 3(1)(b).\n\n***authorised officer*** means a person appointed as an authorised officer under the **Conservation, Forests and Lands Act 1987** for the purposes of this Act;\n\n***Board*** means the Royal Botanic Gardens Board established under Part 2;\n\nS. 3(1) def. of *botanic gardens* amended by No. 86/2003 s. 3(1)(a).\n\n***botanic gardens*** means Crown lands for the time being described in Schedule 1, as added to, removed or altered under subsection (2);\n\n***chief botanist*** means the person designated as chief botanist under Division 2 of Part 3;\n\nS. 3(1) def. of *corporate planning document* inserted by No. 53/2017 s. 42.\n\n***corporate planning document*** means—\n\n(a) a statement of corporate intent; or\n\n(b) a corporate plan; or\n\n(c) a business plan;\n\nS. 3(1) def. of *Director* amended by No. 38/1995 s. 4.\n\n***Director*** means the Director, Royal Botanic Gardens appointed under Division 1 of Part 3 and includes a person acting as Director under section 41A;\n\nS. 3(1) def. of *Director-General* repealed by No. 76/1998 s. 32(a)(i).\n\n* * * * *\n\nS. 3(1) def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 17.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 17.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\n***managed land*** means land, other than the botanic gardens, managed by the board, whether or not the Board is owner;\n\n***National Herbarium*** means—\n\n(a) the building on the land shown hatched on the plan in Part 1 of Schedule 1 known as the National Herbarium of Victoria; and\n\n(b) any other place under the management of the Board that the Board designates as part of the National Herbarium;\n\nS. 3(1) def. of *Royal Botanic Gardens, Cranbourne* inserted by No. 86/2003 s. 3(1)(b).\n\n***Royal Botanic Gardens, Cranbourne*** means the lands for the time being described in Part 2 of Schedule 1, as added to, removed or altered under subsection (2);\n\nS. 3(1) def. of *Secretary* inserted by No. 76/1998 s. 32(a)(ii).\n\n***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\n***State botanical collection*** means the collection of—\n\n(a) botanical specimens;\n\n(b) paintings, photographs and drawings and other artistic material;\n\n(c) documents of all kinds—\n\nfor the time being located at the National Herbarium;\n\n***transferred assets and liabilities*** means—\n\n(a) assets which are, or the management of which is, transferred to the Board under Division 2 of Part 5; or\n\n(b) liabilities transferred to the Board under that Division.\n\nS. 3(2) substituted by No. 86/2003 s. 3(2).\n\n(2) The Governor in Council, by Order published in the Government Gazette, may add an area of Crown land to or remove an area of Crown land from the Crown land shown in Part 2 of Schedule 1 or alter an area of Crown land shown in Part 2 of Schedule 1.\n\nS. 3(3) inserted by No. 46/1998 s. 7(Sch. 1), repealed by No. 76/1998 s. 32(b).\n\n* * * * *\n\nS. 3A inserted by No. 51/2014 s. 9(Sch 2 item 17.2).\n\n\t3A Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\n\t4 Act binds the Crown\n\nThis Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n\t5 Objectives\n\nThe following are the objectives of this Act—\n\n(a) to conserve, protect and improve the botanic gardens and managed land and their collections of living plants;\n\n(b) to conserve and enhance the State botanical collection and National Herbarium;\n\n(c) to provide for the use of the State botanical collection or plants or plant specimens at the botanic gardens or managed land for scientific or reference purposes, consistent with accepted international practice;\n\n(d) to increase public knowledge and awareness of plants and plant communities;\n\nS. 5(e) amended by No. 86/2003 s. 4(a).\n\n(e) to provide for the use of the botanic gardens for education, public enjoyment and tourism;\n\nS. 5(f) inserted by No. 86/2003 s. 4(b).\n\n(f) to provide for—\n\n(i) the carrying out of and contribution to research into biodiversity; and\n\n(ii) the conservation of biodiversity.\n\nPart 2—The Royal Botanic Gardens Board\n\nDivision 1—Establishment and membership\n\n\t6 Establishment\n\n(1) There is established by this Act a body corporate to be called the \"Royal Botanic Gardens Board\".\n\n(2) The Board—\n\n(a) has perpetual succession; and\n\n(b) shall have a common seal; and\n\n(c) subject to this Act, is capable of acquiring, holding or disposing of real or personal properties; and\n\n(d) may sue and be sued in its corporate name; and\n\n(e) may do or suffer anything that bodies corporate may by law do or suffer.\n\n(3) The common seal of the Board must be kept in the custody that the Board may direct and must not be used except as authorised by the Board.\n\n(4) All courts must take judicial notice of the seal of the Board affixed to a document and must presume that it was properly affixed.\n\n\t7 Board represents Crown\n\nThe Board, in carrying out its functions and powers, acts on behalf of the Crown.\n\n\t8 Board member's immunity\n\n(1) A member of the Board is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in carrying out a function or power under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the carrying out of a function or power under this Act.\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a member of the Board, attaches instead to the Board.\n\n\t9 Board's accountability\n\nIn carrying out its functions and powers, the Board is subject to the general direction and control of the Minister.\n\n\t10 Membership and procedure\n\n(1) Schedule 2 contains provisions about the membership of the Board.\n\n(2) Schedule 3 contains provisions about the procedure of the Board.\n\nDivision 2—Functions and general powers\n\n\t11 Functions\n\nThe following are the functions of the Board—\n\n(a) to conserve, protect, manage and improve the botanic gardens and managed land and their collections of living plants;\n\n(b) to maintain, conserve and improve the State botanical collection and the National Herbarium;\n\n(c) to conserve qualities of cultural or historical significance associated with the botanic gardens or managed land;\n\nS. 11(d) substituted by No. 86/2003 s. 5(a).\n\n(d) to carry out and contribute to botanical and horticultural research and research into biodiversity;\n\n(e) to carry out or encourage the carrying out of surveys of vegetation;\n\n(f) to increase public knowledge and awareness of the botanic gardens and the State botanical collection and of plants and plant communities, through—\n\n(i) publications;\n\n(ii) providing educational information and advisory services;\n\n(g) to promote and increase public enjoyment of the botanic gardens and managed land and of plants and plant communities;\n\nS. 11(h) substituted by No. 86/2003 s. 5(b).\n\n(h) to conserve biodiversity and increase the public awareness of the need for the conservation of biodiversity and the threat to biodiversity;\n\n(i) to provide advice and assistance to managers of other botanical gardens and public gardens in Victoria;\n\nS. 11(ia) inserted by No. 38/1995 s. 5.\n\n(ia) to provide specialist advice and services on horticulture, arboriculture and landscaping and the maintenance of gardens to public bodies and, subject to the approval of the Minister, to corporations;\n\n(j) to advise the Minister on—\n\n(i) any matter relating to the Board's functions or powers; or\n\n(ii) any matter referred to it by the Minister;\n\n(k) to carry out any other functions conferred by or under this or any other Act.\n\n\t12 General powers\n\n(1) The Board may do anything necessary or convenient to enable it to carry out its functions.\n\n(2) The Board's specific powers do not limit the general powers conferred by this section.\n\n\t13 Delegation\n\n(1) The Board may, by instrument under seal, delegate any of its functions or powers (except this power of delegation) to—\n\n(a) a committee of the Board; or\n\n(b) the Director; or\n\n(c) any of its members; or\n\n(d) any member of its staff.\n\n(2) A delegation under subsection (1) may be made to a specified person or class of persons referred to in that subsection.\n\nDivision 3—Miscellaneous specific powers\n\n\t14 Specific powers\n\nFor the purpose of carrying out its functions, the Board has, subject to this Act, the following powers—\n\n(a) to give or to take botanical specimens by way of loan or exchange with scientific or educational institutions;\n\n(b) to enter into contracts, agreements or arrangements and carry them out;\n\n(c) to publish information;\n\n(d) to apply for, obtain and hold (whether alone or jointly with any other person) any intellectual property rights;\n\n(e) to assign or grant licences in respect of those intellectual property rights, with or without consideration;\n\n(f) to enter into agreements or arrangements concerning the commercial exploitation of those intellectual property rights;\n\n(g) to provide consultancy or advisory services to any Minister, government department, public statutory authority or other person whatever;\n\n(h) to become a member or affiliate of any body, corporate or unincorporate, having similar functions to those of the Board;\n\n(i) subject to this Act, to acquire, hold or dispose of any interest in real or personal property, with or without consideration;\n\n(j) to accept or refuse grants or donations of money or other property (whether by deed, will or otherwise);\n\n(k) to fix and collect reasonable fees for anything it does under this Act, except entry fees mentioned in paragraph (l);\n\n(l) to collect—\n\n(i) any prescribed fees for entry to the botanic gardens, managed land or any part of those lands; and\n\n(ii) any money owing in respect of leases, licences or permits under this Act;\n\nS. 14(m) amended by Nos 38/1995 s. 6, 86/2003 s. 6, 53/2017 s. 43.\n\n(m) to sell or dispose of plants, including to carry on a business of selling plants;\n\n(n) to designate any place under its management as part of the National Herbarium;\n\n(o) to spend money received by it in carrying out its functions and powers.\n\n\t15 Services\n\n(1) The Board may provide or arrange for the provision of restaurant or refreshment services or services of any other kind at the botanic gardens or on managed land despite anything in the **Crown Land (Reserves) Act 1978** or any Order in Council reserving the land.\n\n(2) Those services must be consistent with the objectives of this Act and the functions of the Board.\n\nDivision 4—Powers over land\n\n\t16 Botanic gardens\n\nThe Board is responsible for the management of the botanic gardens but does not own them.\n\n\t17 Managed Crown land\n\n(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, place under the Board's management any Crown land specified in the Order that is not part of the botanic gardens.\n\n(2) The Minister must not recommend that land is to be placed under the Board's management if to do so would be inconsistent with any Act or reservation relating to the land.\n\n(3) The Order—\n\n(a) may state which of the Board's functions and powers are exercisable in relation to the managed land;\n\n(b) may impose any other restrictions or conditions on the management of the land that the Governor in Council thinks fit;\n\n(c) may revoke the appointment of any committee of management to the extent that it applies to the managed land.\n\n(4) On the revocation of an Order under this section, the land to which the Order applied ceases to be under the Board's management and its management reverts to the Crown.\n\n\t18 Managed freehold land\n\n(1) The Board may enter into an agreement with the owner or registered proprietor of an estate in fee simple in land other than Crown land under which the land is placed under the Board's management.\n\n(2) The agreement—\n\n(a) may state which of the Board's functions or powers are exercisable in relation to the managed land;\n\n(b) may impose any other restriction or condition on the management of the land;\n\n(c) may authorise the Board on behalf of the owner to do anything necessary to carry out the agreement;\n\n(d) may contain any other provision concerning the management of the land.\n\n(3) The agreement—\n\n(a) may be ended or varied by agreement between the parties;\n\n(b) unless registered under a provision applied by subsection (5), ends when there is a change in the ownership of the land.\n\n(4) An agreement must include the written consent of any person having an interest, mortgage, charge or other encumbrance over the land affected by it.\n\n(5) Division 2 of Part 9 of the **Planning and Environment Act 1987** applies to the agreement as if—\n\n(a) it were an agreement under that Division;\n\n(b) that Division referred to the Board instead of the responsible authority;\n\n(c) sections 174 to 180 and 184 were omitted.\n\n\t19 Notice of managed land\n\nThe Board must publish in the Government Gazette a notice that land (other than Crown land) has become managed land as soon as possible after—\n\n(a) the land is acquired by the Board; or\n\n(b) the Board enters into an agreement to manage the land under this Division.\n\n\t20 Land acquired by gift\n\nIf the Board acquires land by gift (whether by deed, will or otherwise) it may, despite anything to the contrary in this Act, do anything necessary to comply with the terms of the gift.\n\n\t21 When is acquired land not managed land?\n\n(1) Land acquired by the Board does not become managed land to the extent to which—\n\n(a) the Board considers it unsuitable to be included in the botanic gardens or to be managed by the Board; and\n\n(b) the Minister approves.\n\n(2) The Board may in relation to land to which subsection (1) applies—\n\n(a) maintain its existing state or use; and\n\n(b) exercise any other management powers that it thinks fit and the Minister approves.\n\n\t22 Notice where land ceases to be managed land\n\n(1) The Board may surrender to the Crown any land which it owns, whether it is managed land or not.\n\n(2) As soon as possible after land owned by the Board ceases to be managed land, the Board must publish notice of the fact in the Government Gazette.\n\n\t23 Disposal of land\n\nThe Board may dispose of any interest in land which it owns.\n\n\t24 Leases, licences and permits\n\n(1) This section applies despite anything in the **Crown Land (Reserves) Act 1978**.\n\n(2) The Board may, in relation to the botanic gardens or managed land, on any consideration, rental, fees or other terms it thinks fit—\n\nS. 24(2)(a) amended by Nos 38/1995 s. 7(1), 53/2017 s. 44(1).\n\n(a) with the approval of the Minister, grant leases, each of which is for a term not exceeding 21 years;\n\nS. 24(2)(b) amended by Nos 86/2003 s. 7, 53/2017 s. 44(2).\n\n(b) with the approval of the Minister, grant licences, each of which is for a term of more than 12 months but not more than 10 years;\n\n(c) grant permits, each of which is for a term of 12 months or less.\n\n(3) A lease, licence or permit under this section must be for a purpose that will promote the objectives of this Act and the Board's functions.\n\nS. 24(3A) inserted by No. 38/1995 s. 7(2).\n\n(3A) Despite subsection (3), the Board may grant a lease for residential purposes of any residence situated in the botanic gardens.\n\n(4) Without limiting the purposes for which a lease, licence or permit may be granted under this section, a lease, licence or permit may be granted to provide access through or within the botanic gardens or managed land.\n\nS. 24A inserted by No. 86/2003 s. 8, repealed by No. 53/2017 s. 45.\n\n* * * * *\n\nDivision 5—Powers over the  \nState botanical collection\n\n\t25 Additions to the collection\n\n(1) As soon as possible after the chief botanist receives from the Board botanical specimens or other property acquired by the Board for inclusion in the State botanical collection, the chief botanist must determine in writing whether or not to add them to the collection.\n\n(2) The Board may sell or dispose of any botanical specimens or other property which the chief botanist determines should not be included in the State botanical collection.\n\n\t26 Maintaining the collection\n\nThe Board must not remove any part of the State botanical collection from the National Herbarium, except in carrying out its functions and powers under this Act.\n\n\t27 Disposal of the collection\n\n(1) The Board must not sell, lease or otherwise dispose of anything in the State botanical collection unless it considers, after consulting the chief botanist, that the material is worthless or no longer suitable for inclusion in the collection.\n\n(2) Before selling anything in the State botanical collection the Board must—\n\n(a) publish notice of its intention in a newspaper circulating generally throughout Victoria; and\n\n(b) get the approval of the Governor in Council.\n\n(3) If this section, section 26 or another provision of this Act concerning the State Botanical collection is inconsistent with the **Public Records Act 1973**, the provision of this Act prevails.\n\nDivision 6—Works\n\n\t28 Board may carry out works\n\n(1) For the purpose of carrying out its functions and powers, the Board may, in relation to the botanic gardens or managed land, carry out any works it thinks fit.\n\n(2) In subsection (1) ***works*** includes works for the construction, alteration, extension or demolition of improvements on land.\n\n(3) The Governor in Council, by Order published in the Government Gazette, may direct that the Board must get the approval of the Minister before carrying out works—\n\n(a) of a type specified in the Order; or\n\n(b) with a value greater than that specified in the Order.\n\n(4) The Board must comply with an Order under subsection (3).\n\nS. 28(5) repealed by No. 101/1994 s. 69.\n\n* * * * *\n\nDivision 7—Finance and reporting\n\n\t29 General fund\n\n(1) The Board must keep a fund called the General Fund.\n\n(2) The Board must ensure that there is paid into the General Fund—\n\n(a) all fees and penalties received or recovered under this Act; and\n\n(b) all other money received by it or on its behalf.\n\n(3) The Board may pay money out of the General Fund—\n\n(a) to meet any expenses incurred in carrying out its functions or powers;\n\n(b) in paying or repaying money borrowed by it under this Act, together with any charges or interest on that money;\n\n(c) in paying remuneration allowances or expenses to which its members, staff or any members of its committees are entitled;\n\n(d) for any other purpose authorised by this Act.\n\n(4) The Board must ensure that all money in the General Fund that is not immediately required for its purposes must be kept in an account or accounts at a financial institution or institutions approved by the Treasurer for the purpose.\n\n\t30 Borrowing and investment powers\n\n(1) With the approval of the Treasurer, the Board may borrow money on any terms and conditions that the Treasurer approves.\n\n(2) With the approval of the Treasurer, the Board may invest money in the General Fund in any manner the Treasurer approves.\n\n\t31 Treasurer's guarantees\n\n(1) The Treasurer may on behalf of the Government of Victoria guarantee the repayment of any loan (and any associated costs, charges and interest) taken out by the Board.\n\n(2) The Treasurer may impose conditions on any guarantee given under this section.\n\n(3) Any sum required by the Treasurer to fulfil a guarantee given under this section must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent).\n\n(4) Any sum received by the Treasurer in respect of any sum paid by the Treasurer under subsection (3) must be paid into the Consolidated Fund.\n\n\t32 Agreements with Secretary\n\nS. 32(1) amended by No. 76/1998 s. 32(c).\n\n(1) With the Minister's approval, the Board and the Secretary may enter into an agreement—\n\n(a) for the provision of services to or for each other; or\n\n(b) for the use of each other's staff.\n\nS. 32(2) amended by No. 76/1998 s. 32(c).\n\n(2) The Board and the Secretary may do anything necessary to carry out an agreement under subsection (1).\n\n\t33 Secretary's access to financial information\n\nS. 33(1) amended by No. 76/1998 s. 32(c).\n\n(1) The Secretary and each person authorised by the Secretary has a right of access at all times to the accounts and financial records of the Board.\n\nS. 33(2) amended by No. 76/1998 s. 32(c).\n\n(2) The Board must give to the Secretary any financial information or assistance that it is able to give and the Secretary requires.\n\nS. 34  \nrepealed by No. 31/1994 s. 4(Sch. 2 item 73).\n\n* * * * *\n\nS. 35 substituted by No. 53/2017 s. 46.\n\n\t35 Corporate planning documents of the  Board\n\n(1) The Minister, in writing, may request the Board to prepare a corporate planning document to provide to the Minister.\n\n(2) The Board must prepare a corporate planning document if requested by the Minister.\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 may be amended at any time by the Board with the approval of the Minister.\n\n(5) The Minister, in writing, may direct the Board to amend a corporate planning document at any time by including or omitting any specified information.\n\n(6) The Board must comply with a direction under subsection (5).\n\nSs 36, 37 repealed by No. 31/1994 s. 4(Sch. 2 item 73).\n\n* * * * *\n\nPart 3—The Director and staff\n\nDivision 1—The Director\n\nS. 38 substituted by No. 53/2017 s. 47.\n\n\t38 Appointment of Director\n\n(1) The Board, by instrument, may appoint a Director, Royal Botanic Gardens.\n\n(2) The Director holds office for a term specified in the instrument of appointment.\n\nSs 39–41 repealed by No. 53/2017 s. 48.\n\n* * * * *\n\nS. 41A inserted by No. 38/1995 s. 8.\n\n\t41A Appointment of acting Director\n\n(1) The Board may, by instrument in writing, appoint a person to act as the Director during—\n\n(a) any period when the Director is absent from duty or for any other reason unable to perform his or her duties; or\n\n(b) a vacancy in the office of the Director.\n\n(2) An appointment of a person as acting Director has effect during the absence, inability or vacancy but the person must not continue to act in the office for more than 6 months.\n\n(3) An appointment as acting Director is on such other terms and conditions, including conditions as to the payment of allowances and expenses, as are determined by the Board.\n\n(4) A person appointed as acting Director, while so acting, has all the powers and may perform all the duties of the Director.\n\n(5) The Board may at any time terminate the appointment of a person as acting Director.\n\n\t42 Reappointment to public service and superannuation\n\nS. 42(1) substituted by No. 46/1998 s. 7(Sch. 1).\n\n(1) If immediately before his or her appointment the Director was an employee in the public service he or she—\n\n(a) is eligible to be employed in the public service at the termination of his or her appointment as Director with a classification and emolument corresponding with or higher than that which he or she held or received in the public service immediately before being appointed Director as if service as Director had been service in the public service;\n\n(b) for the purposes of long service leave, is to be taken to continue to be an employee in the public service for the period of that appointment.\n\n(2) If the Director was, immediately before appointment, an officer within the meaning  \nof the **State Superannuation Act 1988** or a corresponding previous enactment, he or she continues, subject to that Act, to be an officer within the meaning of that Act while appointed as Director.\n\n\t43 Director's role\n\nThe Director—\n\n(a) is the Board's chief executive officer; and\n\n(b) is subject to the direction of the Board; and\n\n(c) has the day to day control and management of the botanic gardens, managed lands, the State botanical collection and the other property for which the Board is responsible.\n\nS. 44 amended by No. 76/1998 s. 32(c).\n\n\t44 Director must give Secretary financial information\n\nThe Director must give to the Secretary any information about the financial operations and financial affairs of the Board that the Secretary requires.\n\nDivision 2—Chief botanist and other staff\n\n\t45 Nomination of chief botanist\n\n(1) The Board may appoint an appropriately qualified person to be the chief botanist, may determine that person's terms and conditions of appointment (including remuneration), and may, subject to those terms and conditions of appointment, remove that person from office.\n\n(2) The chief botanist is to be appointed as soon as practicable after the commencement of this Act.\n\n\t46 Role of the chief botanist\n\nThe chief botanist—\n\n(a) is responsible to the Director for the management of the State botanical collection and of research programs relating to it;\n\n(b) is responsible for advising the Board on botanical matters;\n\n(c) has the other functions conferred on the chief botanist by or under this or any other Act.\n\n\t47 Delegation by chief botanist\n\nThe chief botanist may by instrument delegate any of his or her functions or powers as chief botanist under this Act or any other Act (except this power of delegation) to any person whom he or she considers appropriately qualified to carry them out.\n\n\t48 Other staff\n\nThe Board may employ as many other staff as it considers necessary to assist it in carrying out its functions and powers, may determine their terms and conditions of employment (including remuneration), and may, subject to those terms and conditions, dismiss them.\n\nDivision 3—General\n\nS. 49 amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 177.1).\n\n\t49 Staff not subject to Public Administration Act 2004\n\nA person appointed or employed under this Part is not, in respect of that appointment or employment, subject to the **Public Administration Act 2004**.\n\nPart 4—Enforcement and regulations\n\n\t50 Who may take proceedings?\n\nProceedings under this Act or the regulations may be taken by—\n\n(a) the Board; or\n\n(b) the Director; or\n\nS. 50(c) amended by No. 38/1995 s. 9.\n\n(c) any person authorised by the Board or the Director either generally or in a particular case; or\n\nS. 50(d) inserted by No. 38/1995 s. 9, amended by No. 86/2003 s. 9.\n\n(d) an authorised officer.\n\nS. 50A inserted by No. 38/1995 s. 10.\n\n\t50A Offences\n\nA person must not—\n\n(a) take, destroy or damage any item in the State botanical collection; or\n\n(b) take, destroy or damage any flora in the botanic gardens; or\n\n(c) take, destroy or injure any fauna in the botanic gardens.\n\n1. 50 penalty units.\n\n\nS. 50B inserted by No. 86/2003 s. 10.\n\n\t50B Requirement to give name and address\n\n(1) If an authorised officer believes, on reasonable grounds, that a person has committed an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business.\n\n(2) In making a request under subsection (1), the officer must inform the person of the grounds for his or her belief that the person has committed the offence.\n\n(3) A person must not, in response to a request under subsection (1)—\n\n(a) refuse or fail to comply with the request without a reasonable excuse for doing so; or\n\n(b) state a name that is false in a material detail; or\n\n(c) state an address that is not the full and correct address of his or her ordinary place of residence or business.\n\n1. 5 penalty units.\n\n\n(4) If a person states a name and address in response to a request under subsection (1) and the officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address.\n\n(5) A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so.\n\n1. 5 penalty units.\n\n\n(6) It is not an offence for a person to fail to comply with a request under subsection (1) or (4)—\n\n(a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or\n\n(b) if the authorised officer did not identify himself or herself in accordance with section 50C before making the request.\n\nS. 50C inserted by No. 86/2003 s. 10.\n\n\t50C Authorised officers must identify themselves\n\nAn authorised officer must produce proof of his or her identity and official status—\n\n(a) before exercising a power under section 50B; and\n\n(b) at any time during the exercise of a power under section 50B, if asked to do so.\n\n\t51 Regulations\n\n(1) The Governor in Council on the recommendation of the Board may make regulations for or with respect to—\n\n(a) the botanic gardens and managed land, including but not limited to—\n\n(i) the preservation of good order and decency;\n\n(ii) the safety of the public;\n\n(iii) prohibiting or regulating traffic and parking;\n\nS. 51(1)(a)(iv) amended by No. 38/1995 s. 11(1).\n\n(iv) the care, protection, management and improvement;\n\n(v) the care, protection and management of the State botanical collection;\n\n(vi) prohibiting or regulating the lighting of fires;\n\n(vii) prohibiting or regulating the holding of meetings and other activities;\n\n(viii) entry fees;\n\n(ix) prohibiting or regulating entry by persons, animals or vehicles;\n\n(x) prohibiting or regulating the carrying on of trade or businesses;\n\n(xi) the protection of flora and fauna;\n\n(b) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstances; and\n\n(c) may confer discretions or powers or impose duties on any persons; and\n\n(d) may impose specific, minimum or maximum fees; and\n\n(e) may provide for the reduction, waiver or refund of fees, in whole or in part; and\n\n(f) may empower the Minister to grant exemptions from the regulations, to impose conditions on those exemptions and to revoke those exemptions;\n\nS. 51(2)(g) substituted by No. 38/1995 s. 11(2).\n\n(g) may impose penalties not exceeding 20 penalty units for contravention of the regulations.\n\nS. 51(2)(h) repealed by No. 38/1995 s. 11(2).\n\n* * * * *\n\nS. 51(2A) inserted by No. 51/2014 s. 9(Sch. 2 item 17.3).\n\n(2A) Any regulations made or having effect under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nS. 51(3) amended by No. 78/2010 s. 24(Sch. 1 item 25).\n\n(3) Regulations made or having effect under this Act may be disallowed in whole or in part by resolution of either House of Parliament.\n\nPart 5—Amendments and transitional provisions\n\nPt 5 Div. 1 (Heading  \nand s. 52) repealed by No. 70/2013 s. 3(Sch. 1 item 48).\n\n* * * * *\n\nDivision 2—Transitional provisions\n\n\t53 Assets and liabilities to vest in Board\n\n(1) On the commencement of this section—\n\n(a) the following vest in the Board—\n\n(i) the State botanical collection;\n\n(ii) all assets of the Crown or the Director-General located at or used solely in connection with the botanic gardens that are not part of the land, or treated as being part of the land, in the botanic gardens;\n\n(b) all liabilities or obligations of the Crown or the Director-General in relation to the assets vested in the Board under paragraph (a) become liabilities and obligations of the Board.\n\n(2) In relation to the transferred assets and liabilities—\n\n(a) the Board is the successor in law of the Crown and the Director-General;\n\n(b) a reference in an agreement or a document of any kind to the Crown or the Director-General must, on and from the commencement of this section, be taken to be a reference to the Board;\n\n(c) all proceedings of any kind pending or existing by, against or in relation to the Crown or the Director-General have effect as if they were proceedings by, against or in relation to the Board and may be continued and completed accordingly.\n\n\t54 Reservations and tenures to continue\n\n(1) Subject to this section, the transfer of any property, or the transfer of the management of any property, to the Board under this Division does not affect any reservation, lease, licence, permit or other authority existing over the property or over the land on which the property is located immediately before the transfer.\n\n(2) A lease, licence, permit or other authority granted by or on behalf of the Crown, a Minister or the Director-General and existing over—\n\n(a) any land in the botanic gardens; or\n\n(b) any other property which is, or the management of which is, transferred to the Board under this Division—\n\nhas effect on and from the commencement of this section as if granted by the Board and if any reference in it to the Crown, a Minister or the Director-General were a reference to the Board.\n\n\t55 Gifts, trusts etc.\n\nA gift, disposition, trust or trust fund made, declared or created in favour of the Crown or the Director-General for the purposes of the botanic gardens or any property which is, or the management of which is, transferred to the Board under this Division takes effect on and from the commencement of this section (to the extent that it is capable of doing so) in favour of the Board.\n\nS. 56 repealed by No. 53/2017 s. 49.\n\n* * * * *\n\n\t57 Transferred staff\n\n(1) On the date of commencement of this section all officers or employees now under the **Public Service Act 1974** employed at the botanic gardens or the National Herbarium become employees of the Board.\n\n(2) The terms and conditions (including remuneration and leave entitlements) of employment of people transferred under this section must not be less favourable than those applying to them immediately before their transfer.\n\n(3) For the purpose of long service leave entitlements as employees of the Board of those transferred under this section, their service with the public service must be taken to be service with the Board.\n\n(4) There must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent) any amount determined from time to time by the Treasurer after consultation with the Minister to be the component of any entitlement to paid sick leave or pay in lieu of long service leave attributable to the service with the public service of a person transferred under this section.\n\n\t58 Superannuation and reappointment to the public service\n\n(1) A person who becomes an employee of the Board under this Division may apply for promotion or transfer to an office in the public service or appeal against the promotion or transfer of another person to an office in the public service as if he or she were an officer in the public service.\n\nS. 58(2) repealed by No. 46/1998  \ns. 7(Sch. 1).\n\n* * * * *\n\nS. 58(3) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(3) A person who becomes an employee of the Board under this Division is eligible to be appointed to a position in the public service with a classification and emolument corresponding with or higher than that which he or she held in the public service immediately before transfer to the Board, as if service with the Board were service in the public service.\n\n(4) A person appointed to the public service under subsection (3) must be taken, while serving with the Board, to have continued to be an officer in the public service for the purposes of long service leave entitlements, but leave or pay in lieu of leave taken while serving with the Board must be taken into account in determining those entitlements.\n\n(5) If a person who becomes an employee of the Board under this Division was, immediately before the transfer, an officer within the meaning of the **State Superannuation Act 1988** or a corresponding previous enactment he or she continues, subject to that Act, to be an officer within the meaning of that Act while serving with the Board.\n\n\t59 References to government botanist\n\nOn the commencement of this section a reference in any document to the government botanist must be taken to be a reference to the chief botanist.\n\nS. 60 repealed by No. 86/2003 s. 11, new s. 60 inserted by No. 53/2017 s. 50.\n\n\t60 Transitional provisions—Parks and Crown Land Legislation Amendment Act 2017\n\n(1) On the commencement day, a corporate plan of a Board prepared under section 35 as in force immediately before that day is taken to be a corporate planning document prepared under section 35.\n\n(2) On the commencement day, an appointment to the Board made under clause 1(2)(a) of Schedule 2 as in force immediately before that day is terminated and the person appointed to the Board under that clause goes out of office.\n\n(3) In this section—\n\n***commencement day*** means the day on which Part 9 of the **Parks and Crown Land Legislation Amendment Act 2017** comes into operation.\n\nS. 61 inserted by No. 86/2003 s. 12, repealed by No. 53/2017 s. 51.\n\n* * * * *\n\nSchedules\n\nSchedule 1—Botanic Gardens\n\nPart 1—Royal Botanic Gardens, Melbourne\n\nThe area shown bordered red on the plan bearing the identifying reference LEGL/91–46 and lodged in the Central Plan Office.\n\nSch. 1 Pt 2 substituted by No. 86/2003 s. 15(Sch.).\n\nPart 2—Royal Botanic Gardens, Cranbourne\n\n![03-127]()\n\nSchedule 2—Membership of the Board\n\n\t1 Members\n\n(1) The Board consists of 7 members appointed by the Governor in Council on the recommendation of the Minister.\n\nSch. 2 cl. 1(2) amended by No. 76/1998  \ns. 32(d), substituted by No. 53/2017 s. 52.\n\n(2) The members of the Board must be people who, in the Minister's opinion, have knowledge or expertise in one or more of the following fields—\n\n(a) botany or horticulture;\n\n(b) business management, financial management or public administration;\n\n(c) recreation provision, education or tourism;\n\n(d) nature conservation.\n\n(3) A person cannot be appointed a member of the Board if he or she—\n\nSch. 2 item 1(3)(a) amended by No. 42/1995 s. 224(Sch. 2 item 33(a)).\n\n(a) is the Director;\n\nSch. 2 item 1(3)(b) repealed by No. 42/1995 s. 224(Sch. 2 item 33(b)).\n\n* * * * *\n\n\t2 Term of office\n\n(1) A member of the Board holds office for a term, which must not exceed 4 years, specified in the instrument of his or her appointment.\n\n(2) A member of the Board is eligible for re‑appointment.\n\n\t3 Chairperson and Deputy Chairperson\n\nSch. 2 cl. 3(1) amended by No. 53/2017 s. 53.\n\n(1) From among the members of the Board there must be appointed a Chairperson and Deputy Chairperson.\n\n(2) The Chairperson and Deputy Chairperson must be appointed by the Governor in Council on the recommendation of the Minister.\n\nSch. 2 cl. 3(3) substituted by No. 86/2003 s. 13.\n\n(3) A person appointed as Chairperson or Deputy Chairperson holds office for the period that is specified in the instrument of his or her appointment to that office (which must not be longer than the remaining period of his or her appointment as a member).\n\nSch. 2 cl. 3(3A) inserted by No. 86/2003 s. 13.\n\n(3A) A person appointed as Chairperson or Deputy Chairperson is eligible for re-appointment to that office.\n\n(4) A person appointed as Chairperson or Deputy Chairperson ceases to hold that office on ceasing to be a member of the Board.\n\n\t4 Terms and conditions of office\n\nIn the instrument of appointment of the Chairperson, the Deputy Chairperson or a member of the Board, the Governor in Council may specify terms and conditions of appointment not inconsistent with this Schedule.\n\n\t5 Resignation\n\nThe Chairperson, Deputy Chairperson or a member of the Board may resign that office by letter addressed and delivered to the Minister.\n\n\t6 Removal from office\n\nThe Governor in Council may at any time remove from office the Chairperson, the Deputy Chairperson or a member of the Board.\n\n\t7 Vacancies\n\nThe office of a member of the Board becomes vacant if the member—\n\nSch. 2 item 7(a) repealed by No. 42/1995 s. 224(Sch. 2 item 33(c)).\n\n* * * * *\n\n(b) is absent from 3 consecutive meetings of the Board without the permission of—\n\n(i) the Minister, in the case of the Chairperson; or\n\n(ii) the chairperson, in the case of any other member; or\n\n(c) is appointed as Director.\n\nSch. 2 cl. 8 amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 177.2), 80/2006 s. 26(Sch. item 93).\n\n\t8 Member subject to Public Administration Act 2004\n\nThe Chairperson, the Deputy Chairperson, or a member of the Board is, in respect of that office, subject to the **Public Administration Act 2004** (other than Part 3 of that Act).\n\n\t9 Remuneration and allowances\n\n(1) The Chairperson, the Deputy Chairperson or a member of the Board is entitled to receive—\n\n(a) the remuneration from time to time fixed by the Governor in Council in respect of that office; and\n\n(b) the travelling or other allowances and expenses from time to time fixed by the Governor in Council in respect of that office\n\nSch. 2 cl. 9(2) repealed by No. 53/2017 s. 54.\n\n* * * * *\n\n\t10 Committees\n\n(1) The Board may—\n\n(a) establish any committees it considers necessary and define the constitution and functions of each committee so established;\n\n(b) determine the procedure of each committee;\n\n(c) change the constitution or functions of a committee;\n\n(d) dissolve a committee.\n\n(2) A person may be a member of a committee established by the Board even though he or she is not a member of the Board.\n\n(3) The Director is an ex-officio member of each committee established by the Board.\n\n(4) A member of a committee established by the Board is entitled to receive any travelling or other expenses determined by the Board.\n\nSchedule 3—Procedure of the Board\n\n\t1 Quorum\n\n(1) A quorum of the Board is four members.\n\n(2) At a meeting at which a quorum of the Board is present, the decision of the majority of the members present and voting at the meeting is the decision of the Board.\n\n\t2 Who presides?\n\n(1) The person who is to preside at a meeting of the Board is—\n\n(a) the Chairperson, if he or she is present;\n\n(b) the Deputy Chairperson, if the Chairperson is absent;\n\n(c) a member elected by the members present at the meeting, if the Chairperson and Deputy Chairperson are absent.\n\n(2) The person presiding at a meeting of the Board has a casting as well as a deliberative vote.\n\n\t3 General procedure\n\nSubject to this Schedule the procedure of the Board is in its discretion.\n\n\t4 Validity of decisions\n\nA decision of the Board is not invalid only because of—\n\n(a) a vacancy in its membership; or\n\n(b) a defect or irregularity in the appointment of the Chairperson, the Deputy Chairperson or a member.\n\n\t5 Declaration of interest\n\n(1) A member of the Board who has a direct or pecuniary interest in a contract or other matter being dealt with by the Board must declare the nature of the interest at a meeting of the Board, as soon as possible after becoming aware of the interest.\n\n(2) A member of the Board who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the member's duties as member must declare that fact at a meeting of the Board as soon as possible after becoming aware of the potential conflict.\n\n(3) The person presiding at a meeting at which a declaration under this clause is made must cause it to be recorded in the minutes of the meeting.\n\n(4) A person who has made a declaration under this clause must not take any further part in the discussion of or vote on, the contract or matter to which the declaration relates.\n\nSch. 4 repealed by No. 86/2003 s. 14.\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\n*Legislative Assembly: 31 October 1991*\n\n*Legislative Council: 20 November 1991*\n\nThe long title for the Bill for this Act was \"A Bill to establish the Royal Botanic Gardens Board and define its functions, to provide for the management of the Royal Botanic Gardens, Melbourne, and the National Herbarium of Victoria, to make consequential amendments to the **Drugs, Poisons and Controlled Substances Act 1981** and for other purposes.\".\n\nThe **Royal Botanic Gardens Act 1991** was assented to on 10 December 1991 and came into operation on 1 July 1992: Government Gazette 1 July 1992 page 1629.\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 **Royal Botanic Gardens Act 1991** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 73) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Project Development and Construction Management Act 1994, No. 101/1994**\n\n| Assent Date: | 13.12.94 |\n| --- | --- |\n| Commencement Date: | S. 69 on 22.5.95: Government Gazette 18.5.95 p. 1180 |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995**\n\n| Assent Date: | 6.6.95 |\n| --- | --- |\n| Commencement Date: | 6.6.95 |\n| Current State: | All of Act in operation |\n\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| --- | --- |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 33(a)–(c) on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998**\n\n| Assent Date: | 10.11.98 |\n| --- | --- |\n| Commencement Date: | S. 32 on 15.12.98: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Royal Botanic Gardens (Amendment) Act 2003, No. 86/2003**\n\n| Assent Date: | 11.11.03 |\n| --- | --- |\n| Commencement Date: | 12.11.03: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 177) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 26(Sch. item 93) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Subordinate Legislation Amendment Act 2010, No. 78/2010**\n\n| Assent Date: | 19.10.10 |\n| --- | --- |\n| Commencement Date: | S. 24(Sch. 1 item 25) on 1.1.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 48) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\n\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| --- | --- |\n| Commencement Date: | S. 9(Sch. 2 item 17) on 1.3.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Royal Botanic Gardens Act 1991** |\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:* | Ss 42–54 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 **Royal Botanic Gardens Act 1991** |\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":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1991 Act focused on establishing the Board and managing the Melbourne gardens and Herbarium. Over 26 years of amendments, the scope expanded significantly: (1) addition of Royal Botanic Gardens, Cranbourne in 2003; (2) insertion of biodiversity conservation as a core objective; (3) addition of filming permit regulation to align with the Filming Approval Act 2014; (4) expanded commercial powers including intellectual property rights and plant sales; (5) updated corporate governance requirements replacing old accountability mechanisms with new 'corporate planning documents' framework in 2017. The Act has evolved from a simple establishment Act to a comprehensive governance and land management statute."},"complexity_factors":["Moderate length (approximately 60 sections plus 3 schedules)","15 defined terms in section 3, with several inserted by amendment notes creating visual clutter","Multiple cross-references to other Acts (Conservation, Forests and Lands Act 1987, Public Administration Act 2004, Filming Approval Act 2014, etc.)","Nested conditions in land management powers (e.g., section 24 leases require Ministerial approval and must promote objectives)","Transitional provisions in Part 5 dealing with historical transfers of staff and assets from the Crown","Schedules containing detailed procedural rules for Board membership and meetings","Amendment history embedded throughout the text (e.g., 'inserted by No. 86/2003') which distracts from substantive content but doesn't add legal complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Royal Botanic Gardens Board** — a government body that runs Victoria's Royal Botanic Gardens (both Melbourne and Cranbourne) and the **National Herbarium of Victoria** (a scientific collection of preserved plants).\n\n**Who it affects:**\n\n* **Visitors** to the botanic gardens — the law sets rules about behaviour, entry fees, and what you can and can't do (like damaging plants or animals).\n* **Staff** — it creates jobs including a **Director** (the CEO), a **chief botanist** (who manages the scientific collection), and other employees.\n* **The Board members** — seven appointed experts who make decisions about the gardens.\n* **Filmmakers** — the law was updated to work with filming permit rules.\n* **Neighbouring landowners** — the Board can enter agreements to manage private land or Crown land near the gardens.\n\n**Key things the law covers:**\n\n* **Management powers:** The Board can grant leases (up to 21 years), licences, and permits for using the land; charge entry fees; run cafes and shops; and carry out building works.\n* **Protection of collections:** Strict rules protect the State botanical collection — you can't just sell or remove items without following specific procedures.\n* **Enforcement:** **Authorised officers** (special staff with legal powers) can ask for your name and address if they suspect you've broken the rules, and can take you to court for offences like damaging plants.\n* **Filming:** The law connects to the *Filming Approval Act 2014*, meaning film permits must follow \"film friendly principles.\"\n* **Money matters:** The Board has its own **General Fund** (like a bank account), can borrow money with the Treasurer's approval, and must prepare corporate planning documents for the Minister.\n\n**Why it matters:**\n\nThis law protects world-class scientific and cultural assets while letting the public enjoy them. It balances conservation (protecting rare plants and biodiversity) with practical needs (education, tourism, and research). It also ensures the Board operates transparently with government oversight."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act has broadened in scope beyond a narrow statutory stewardship regime for the Gardens and Herbarium. Amendments over time have added explicit commercial and revenue powers (sale of plants, IP exploitation, consultancy and restaurant services — s 14(m), (d)–(g); s 15), integrated film permit rules (s 3A; s 51(2A)), enabled management of private freehold land by agreement (s 18), and strengthened financial autonomy paired with state oversight (borrowing/investment subject to Treasurer approval, and Treasurer guarantees — ss 30–31).  Staffing and governance changes (staff not subject to the Public Administration Act — s 49; corporate planning document obligations — s 35) also shift the Board toward a public‑corporate operating model. These changes expand the Board’s operational and commercial remit while retaining conservation and scientific protections (notably through the chief botanist’s role and collection disposal controls — ss 25–27)."},"complexity_factors":["Multiple defined terms in s 3 and cross‑references to other Acts (Conservation, Forests and Lands Act 1987; Crown Land (Reserves) Act 1978; Filming Approval Act 2014; Planning and Environment Act 1987; Public Records Act 1973; Public Administration Act 2004; State Superannuation Act 1988, etc.)","Nested approval requirements: Minister, Treasurer and Governor in Council approvals required for different actions (e.g. ss 17, 24, 30–31, 35, 27)","Conditional land‑management regimes: Crown managed land vs managed freehold land with different contractual and registration consequences (ss 17–19, 21–22, 18)","Transitional provisions with employment and entitlement protections and vesting of assets/liabilities (Part 5, especially ss 53, 57–58)","Specialised procedural rules (Schedules 2–3) for appointments, terms, quorum and conflict‑of‑interest rules","Tight controls over the State botanical collection with multi‑step disposal process (ss 25–27)","Delegation powers and committee structures which distribute decision‑making (s 13; Sch 2 cl 10)","Regulatory scope and delegated discretion (s 51) including penalties and differentiated fees","Multiple amendments incorporated over time (numerous historical amendments noted in endnotes)","Employment governance divergence: staff not subject to Public Administration Act (s 49)"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Establishes a statutory body called the Royal Botanic Gardens Board (the Board) with a common seal, legal personality and powers to own and deal with property, sue and be sued (ss 6–7).  The Board acts on behalf of the Crown when carrying out its functions (s 7).\n\n- Creates the office of Director, Royal Botanic Gardens, and allows the Board to appoint an acting Director; gives the Director day‑to‑day control of the Gardens, managed land and the State botanical collection (ss 38, 41A, 43).  The Board also may appoint a chief botanist to manage the State botanical collection (ss 45–47).\n\n- Confers operational powers on the Board to manage the Royal Botanic Gardens (Melbourne and Cranbourne) and any other land placed under its management (s 11; Schedule 1; ss 16–18).  The Governor in Council or the Board (by agreement with private owners) can bring Crown land or freehold land under Board management (ss 17–18).\n\n- Authorises the Board to grant leases, licences and short permits on the Gardens or managed land (with limits and, for certain classes, Ministerial approval) and to set or collect prescribed entry fees and other fees (s 24; s 14(k)–(l)).  Leases may run up to 21 years with Ministerial approval (s 24(2)(a)).\n\n- Gives the Board broad powers to generate revenue and run commercial activities consistent with its objectives: sell plants and run plant sales businesses, accept donations, exploit intellectual property and provide consultancy services (s 14(m), (d)–(g), (j)).  It may provide restaurant/refreshment services on the Gardens (s 15).\n\n- Establishes the State botanical collection and National Herbarium as items the Board holds and protects.  Disposal of material from the State botanical collection is tightly controlled: the chief botanist decides what is to be added (s 25) and the Board may only dispose of items judged worthless or unsuitable after consulting the chief botanist; public notice and Governor in Council approval are required for sales (s 27).  The collection generally must remain at the National Herbarium (s 26).\n\n- Sets out financial arrangements: the Board must maintain a General Fund and may spend from it on authorised functions (s 29); it can borrow or invest with Treasurer approval (s 30) and the Treasurer may guarantee Board loans (s 31).  The Secretary (conservation agency) has a right of access to Board financial records (s 33).\n\n- Places the Board under Ministerial direction and oversight: the Board is subject to the Minister’s general direction and may be required to produce or amend corporate planning documents on request (s 9; s 35).  The Governor in Council and Minister play roles in appointments, approvals and Orders (various provisions).\n\n- Provides enforcement tools and penalties: authorised officers may take proceedings (s 50), inspect, identify suspects and require name and address where an offence is suspected (ss 50B–50C).  Offences specifically include taking or damaging items in the State collection, plants or animals in the Gardens (s 50A).\n\n- Contains transitional provisions transferring assets, staff (with preserved terms and entitlements), liabilities and any relevant trusts or reservations to the Board on commencement (Part 5, especially ss 53, 57–58).\n\n**Who is affected**\n\n- The Board, its members, the Director and chief botanist — governance and operating arrangements apply to them (Parts 2–3).\n- Visitors, businesses and researchers who use the Gardens or the National Herbarium — subject to regulations, fees, permits and offences (Part 4, s 51; ss 14, 24).\n- Third parties owning land that may be placed under Board management — contracts under s 18 affect property rights and management arrangements.\n- Government agencies (Minister, Treasurer, Secretary) — exercise oversight, approvals, access to financial records and loan guarantees (ss 9, 30–33, 35).\n- Transferred public servants — their employment conditions and entitlements are preserved where staff transferred to the Board (ss 57–58).\n\n**Why it matters (official objectives, then tested against trade‑offs)**\n\nOfficially the Act’s objectives are to conserve and improve the botanic gardens and their plant collections, maintain and enhance the State botanical collection and National Herbarium, support research and public education about plants and biodiversity, and provide for public enjoyment and tourism (s 1; s 5).  Those objectives explain why the Board has powers to manage collections, run research programs and provide educational services (ss 11, 25–28).\n\nTesting those stated goals against costs, incentives and trade‑offs:\n\n- Revenue vs conservation: the Act explicitly authorises revenue‑generating activities (sale of plants, commercial exploitation of IP, consultancy, restaurants, leasing parts of the Gardens) (s 14(m), (d)–(g), (j); s 15; s 24).  That creates incentives for the Board to commercialise some assets to fund functions, but also introduces a trade‑off where commercial uses could compete with conservation or public access unless the Board enforces the statutory requirement that such uses must promote the Act’s objectives (s 24(3)).\n\n- Decision‑making and discretion: many important steps require approval from Ministers, the Treasurer or the Governor in Council (e.g. placing land under management (s 17), leases and licences (s 24), borrowing/investment (s 30), sale of collection items requires Governor in Council approval and public notice (s 27)).  That concentrates decision rights in political/executive actors and creates implementation risk where approvals are delayed or politicised.\n\n- Compliance and administrative burden: the Board must prepare corporate planning documents on Minister request and provide financial information to the Secretary (s 35; s 33).  Those requirements increase reporting costs and oversight but provide financial transparency to government.\n\n- Protection of scientific assets: the chief botanist is given decisive responsibility for additions to the State botanical collection (s 25) and the Act tightly limits disposal of collection material (s 27).  This allocates scientific control (and a check on commercial disposal) to a technical officer, not purely to the Board’s commercial managers.\n\n- Public cost exposure: the Treasurer may guarantee Board loans and the Consolidated Fund may meet guarantee calls (s 31).  That creates potential fiscal exposure for the State and may lower the Board’s borrowing costs, but it transfers some risk to taxpayers.\n\n- Employment and governance effects: staff employed by the Board are not subject to the Public Administration Act 2004 in relation to their Board employment (s 49).  Transferred staff keep existing entitlements (ss 57–58).  The Act therefore sets up a public‑corporate style employer with more flexible employment arrangements, which changes administrative oversight and employment governance.\n\n**Concrete behavioural effects**\n\n- The Board gains both conservation and commercial mandates: it will balance stewardship of collections and gardens with opportunities to raise revenue through leasing, sales, IP licensing and visitor services (ss 11, 14, 24).\n- Ministers and the Treasurer retain veto and oversight levers that can shape large financial, land and governance decisions (ss 17, 24, 30–31, 35).\n- The chief botanist has technical gatekeeping over collection composition (s 25) and disposal rules protect scientific holdings (s 26–27).\n\n**Key legal controls and limits**\n\n- Leases/licences/permits subject to terms and Ministerial approval where specified (s 24).\n- Disposal of the State botanical collection requires consultation, public notice and Governor in Council approval (s 27).\n- Board’s powers are subject to other existing reservations or written conditions on land (s 17(2); s 54).\n- Regulations can set entry fees and penalties and must be consistent with film‑friendly principles for film permits (s 51; s 3A).\n\n(References are to sections cited.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, the Act appears to remain focused on its original purpose of governing the Royal Botanic Gardens. No scope changes can be identified from the metadata alone, though a full text review would be needed to confirm this with certainty."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were supplied, preventing meaningful complexity assessment","Institutional governance legislation of this type is typically straightforward in structure","No cross-references to other Acts visible in the provided text","No complex technical definitions or regulatory frameworks visible in the provided text"],"plain_english_summary":"The Royal Botanic Gardens Act 1991 creates the legal framework for governing and operating the Royal Botanic Gardens, defining responsibility for its management and affecting the governing board, staff, visitors and the Victorian public who use or benefit from the site.\n\nIt matters because it establishes the authority, ownership and decision‑making structure needed to protect and run this key public green space."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/royal-botanic-gardens-act-1991","history":"/api/acts/royal-botanic-gardens-act-1991/history","analysis":"/api/acts/royal-botanic-gardens-act-1991/analysis","conflicts":"/api/acts/royal-botanic-gardens-act-1991/conflicts","importantCases":"/api/acts/royal-botanic-gardens-act-1991/important-cases","documents":"/api/acts/royal-botanic-gardens-act-1991/documents"}}