{"id":"victorian-conservation-trust-act-1972","name":"Victorian Conservation Trust Act 1972","slug":"victorian-conservation-trust-act-1972","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174933,"registerId":"vic-victorian-conservation-trust-act-1972-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Conservation Trust Act 1972","content":"Version No. 037\n\n**Victorian Conservation Trust Act 1972**\n\n**No. 8350 of 1972**\n\nVersion incorporating amendments as at  \n25 June 2025\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 1\n\n1A Definitions 2\n\n2 Trust for Nature (Victoria),  2\n\n3 Objects of Trust 2\n\n3A Covenants 4\n\n3B Tax and rating remissions 7\n\n4 Constitution of Trust 8\n\n5 Members of the Trust 8\n\n5A Immunity of trustees 9\n\n6 Chairman and deputy chairman of the Trust 9\n\n7 Meetings of the Trust 10\n\n8 Director and other officers 10\n\n9 Vacant Land Conservation Covenants Account 11\n\n13 Reports to the Minister 12\n\n14 Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005 12\n\nEndnotes 15\n\n1 General information 15\n\n2 Table of Amendments 17\n\n3 Explanatory details 19\n\n**Version No.** **037**\n\n**Victorian Conservation Trust Act 1972**\n\n**No. 8350 of 1972**\n\nVersion incorporating amendments as at  \n25 June 2025\n\nAn Act to establish a Body Corporate under the Name of the Victoria Conservation Trust and for other purposes.\n\n**Preamble**\n\nWHEREAS it is desirable that there be established an organization to be called the Victoria Conservation Trust to acquire preserve and maintain areas within the State which are ecologically significant or of natural interest or beauty or scientific interest and to encourage and assist in the preservation of wild life and native plants for public scientific and public educational purposes:\n\nAND WHEREAS it is expedient to incorporate such an organization:\n\n**BE IT THEREFORE 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\nS. 1  \namended by No. 64/1986 s. 4(2).\n\n\t1 Short title\n\nThis Act may be cited as the **Victorian Conservation Trust Act 1972**.\n\nS. 1A inserted by No. 48/2005 s. 8.\n\n\t1A Definitions\n\nIn this Act—\n\n***Trust*** means the Trust for Nature (Victoria) established by section 2;\n\n***trustee*** means a person appointed under section 4.\n\n\t2 Trust for Nature (Victoria)[[1]](#endnote-2), [[2]](#endnote-3)\n\nS. 2(1)  \namended by Nos 64/1986 s. 4(3), 38/1995  \ns. 14.\n\n(1) There shall be established a body corporate by the name \"Trust for Nature (Victoria)\" which shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and of doing and suffering all acts matters and things which bodies corporate may by law do or suffer.\n\n(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Trust affixed to a document and until the contrary is proved shall presume that it was duly affixed.\n\n\t3 Objects of Trust\n\n(1) The Trust shall for public scientific and public educational purposes encourage and assist in—\n\n(a) the preservation of areas which are—\n\n(i) ecologically significant;\n\n(ii) of natural interest or beauty; or\n\n(iii) of historical interest;\n\nS. 3(1)(b) amended by No. 38/1995  \ns. 15(1)(a).\n\n(b) the conservation of wildlife and native plants; and\n\nS. 3(1)(c) amended by No. 38/1995  \ns. 15(1)(b).\n\n(c) the conservation and creation of areas for scientific study relating to any of the matters referred to in paragraphs (a) and (b).\n\nS. 3(1A) inserted by No. 9129 s. 2(1), amended by No. 38/1995  \ns. 15(2).\n\n(1A) The Trust shall encourage and assist in the conservation and creation of areas of natural beauty or interest for use by the public for the purposes of enjoyment recreation and education.\n\nS. 3(2)  \namended by Nos 9129 s. 2(2), 38/1995  \ns. 15(3)(a).\n\n(2) The Trust shall have the power to do all things that are necessary or convenient to be done for or in connexion with the carrying out of the objects referred to in subsections (1) and (1A) and, without limiting those general powers, shall have power—\n\n(a) to accept gifts devises and bequests made to the Trust whether on trust or otherwise and to act as trustee of moneys or other property vested in the Trust on trust;\n\n(b) to purchase hold demise sell transfer convey mortgage and otherwise acquire and dispose of real and personal property;\n\n(c) to surrender land vested in the Trust (whether on trust or otherwise) to the Crown to be used for a purpose or purposes specified by the Trust;\n\n(d) to invest and deal with moneys of the Trust not immediately required for any of its objects upon such security or otherwise in such manner as may from time to time be determined by the Trust and to consolidate divide or in any way alter such investments; and\n\nS. 3(2)(e) amended by No. 38/1995  \ns. 15(3)(b)(c).\n\n(e) to reimburse trustees in respect of reasonable travelling and other expenses incurred in attending meetings of the Trust or otherwise in connexion with carrying out its business; and\n\nS. 3(2)(f) inserted by No. 38/1995  \ns. 15(3)(c).\n\n(f) to pay such remuneration to the chairman, deputy chairman or a trustee as the Trust may determine from time to time.\n\nS. 3(3) amended by Nos 85/1998 s. 24(Sch item 62.1), 25/2023 s. 7(Sch. 1 item 33).\n\n(3) Upon the registration in the Office of Titles of a conveyance or a transfer and surrender to His Majesty of any land vested in the Trust—\n\nS. 3(3)(a)  \namended by No. 9212 s. 2(2).\n\n(a) the land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts and shall be deemed to be permanently reserved pursuant to section 4 of the **Crown Land (Reserves) Act 1978** for the purpose or purposes specified by the Trust; and\n\n(b) the Trust shall be freed and discharged from all further duties and liabilities in respect thereof.\n\nS. 3A  \ninserted by No. 9129 s. 3.\n\n\t3A Covenants[[3]](#endnote-4)\n\nS. 3A(1) amended by No. 38/1995  \ns. 16(1)(a).\n\n(1) The owner of any land which the Trust considers to be ecologically significant, of natural interest or beauty, of historic interest or of importance in relation to the conservation of wildlife or native plants may, subject to obtaining the Minister's approval thereof under subsection (8), enter into a covenant with the Trust which binds him as to the development or use of the land or any part thereof or the conservation or care of any bushland trees rock formations buildings or other objects on the land.\n\nS. 3A(2) amended by No. 38/1995  \ns. 16(1)(b).\n\n(2) A covenant under this section may include provision for the Trust, its officers, agents or nominees or members of the public generally to enter the land and to remain thereon for certain purposes.\n\n(3) With the approval of the Minister a covenant under this section may be released by the Trust or varied by an agreement between the Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.\n\n(4) Where the owner of any land who first enters into a covenant with the Trust under subsection (1) is unable to reach agreement with the Trust regarding the release of such covenant, the matter shall be determined by the Governor in Council whose decision shall be final.\n\n(5) Where the owner of any land has agreed to enter into a covenant with the Trust or to vary such a covenant under this section the Trust shall—\n\n(a) send to the Minister—\n\n(i) details of the proposed covenant or variation of covenant; and\n\n(ii) a map of the land concerned and the surrounding area indicating the names and addresses of the owners of land in the vicinity of the land concerned and the purposes for which the land concerned and such other land is used; and\n\nS. 3A(5)(b) repealed by No. 38/1995  \ns. 16(2).\n\n* * * * *\n\n(6) Where the Minister considers that owners of land in the vicinity of the land concerned may be affected by the proposed covenant or variation of covenant he may direct the Trust to give notice of the details of the proposed covenant or variation of covenant to such owners as he directs.\n\n(7) Notice given pursuant to a direction under subsection (6) shall state that submissions with respect to the proposed covenant or variation of covenant may be made to the Minister within one month of the date of the notice.\n\nS. 3A(8) amended by No. 38/1995  \ns. 16(3)(a)(b).\n\n(8) The Minister shall consider any submissions received from a person to whom notice is given by the Trust under subsection (6) within one month of the date of the notice and may approve or refuse to approve the proposed covenant or variation of covenant.\n\n(9) Notice of the Minister's decision under subsection (8) shall be published in the Government Gazette.\n\nS. 3A(10) amended by Nos 9166 s. 2, 64/1986 s. 6, 18/1989 s. 13(Sch. 2 item 101), substituted by No. 85/1998 s. 24(Sch. item 62.2).\n\n(10) If a covenant has been entered into by any person pursuant to subsection (1) or subsequently varied pursuant to subsection (3); the Registrar of Titles, on application made to him or her, may make a recording in the Register of the covenant or variation.\n\nS. 3A(11) inserted by 85/1998 s. 24(Sch item 62.2).\n\n(11) If the Registrar of Titles has made a recording of the covenant or the variation in the Register, the burden of the covenant or the covenant as so varied runs with the land concerned and the Trust may enforce the covenant against persons deriving title from that person as if it were a restrictive covenant even though it may be positive in nature or that it is not for the benefit of land of the Trust.\n\nS. 3A(12) inserted by 85/1998 s. 24(Sch item 62.2).\n\n(12) The amendment of this section by section 24 of the **Transfer of Land (Single Register) Act 1998** does not affect the operation, effect or enforcement of a covenant registered under the **Property Law Act 1958** before the commencement of that section 24 and existing immediately before that commencement.\n\nS. 3B inserted by No. 48/2005 s. 9.\n\n\t3B Tax and rating remissions\n\n(1) If any land is the subject of a covenant under section 3A(1) and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered, the Trust may so report to the Minister.\n\n(2) If the Minister has received a report under subsection (1), the Minister may do one or both of the following—\n\n(a) with the consent of the Treasurer, make an order remitting, subject to subsection (5), the whole or any part of the tax payable by the owner under the **Land Tax Act 1958** that is attributable to the land concerned; and\n\n(b) after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.\n\n(3) Any order made by the Minister under subsection (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by the Minister.\n\n(4) The Commissioner of State Revenue and any rating authority concerned must comply with any order made by the Minister under this section.\n\n(5) Any land tax or rate remitted under this section during the preceding 5 years becomes payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs.\n\nS. 4  \namended by Nos 64/1986 s. 7, 38/1995  \ns. 17(1), 48/2005 s. 10(a).\n\n\t4 Constitution of Trust\n\nThe Trust shall consist of at least 6 trustees and not more than 10 trustees appointed by the Governor in Council.\n\n\t5 Members of the Trust\n\nS. 5(1)  \namended by Nos 64/1986 s. 5(1)(a), 38/1995  \ns. 17(2).\n\n(1) A trustee shall hold office for a period, specified in the instrument of appointment, not exceeding 4 years after his appointment takes effect unless he resigns or the appointment is terminated and he shall be eligible for re-appointment.\n\nS. 5(2)  \namended by No. 64/1986 s. 5(1)(b).\n\n(2) The office of a trustee shall become vacant if the trustee—\n\n(a) resigns his office by writing under his hand delivered to the chairman or deputy chairman;\n\n(b) is removed from office by the Governor in Council;\n\n(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for the benefit of his creditors;\n\n(d) becomes of unsound mind; or\n\n(e) is absent from three consecutive meetings of the Trust without the consent of the Trust.\n\nS. 5(3)  \namended by No. 64/1986 s. 5(1)(c).\n\n(3) An act or decision of the Trust shall not be invalid by reason only of a vacancy in the office of a trustee or a defect or irregularity in the appointment of a trustee.\n\nS. 5A  \ninserted by No. 38/1995  \ns. 18.\n\n\t5A Immunity of trustees\n\n(1) A trustee 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 trustee attaches instead to the Trust.\n\n\t6 Chairman and deputy chairman of the Trust\n\nS. 6(1)  \namended by No. 64/1986 s. 5(2)(a).\n\n(1) There shall be a chairman and a deputy chairman of the Trust both of whom shall be elected by the trustees from amongst their number.\n\nS. 6(2)  \namended by No. 64/1986 s. 5(2)(b).\n\n(2) The chairman and deputy chairman shall each hold office for such term as the trustees from time to time determine.\n\nS. 6(3)  \namended by No. 64/1986 s. 5(2)(c).\n\n(3) The chairman or deputy chairman shall cease to hold office upon ceasing to be a trustee.\n\nS. 6(4)  \namended by No. 64/1986 s. 5(2)(d).\n\n(4) A person appointed under subsection (1) may resign his office as chairman or deputy chairman by writing under his hand delivered to at least two trustees.\n\n(5) The chairman and deputy chairman shall be eligible for re-election.\n\n\t7 Meetings of the Trust\n\n(1) Meetings of the Trust shall be held at such times and places as the Trust from time to time determines or as the chairman or deputy chairman may direct.\n\nS. 7(2)  \namended by Nos 64/1986 s. 8, 38/1995  \ns. 19(a), 48/2005 s. 10(b).\n\n(2) At a meeting of the Trust a majority of the trustees for the time being shall constitute a quorum.\n\nS. 7(3)  \namended by No. 64/1986 s. 5(3)(a).\n\n(3) The chairman or in his absence the deputy chairman shall preside at meetings of the Trust and in the absence of both the chairman and the deputy chairman the trustees present shall elect one of the trustees present to preside.\n\nS. 7(4)  \namended by No. 64/1986 s. 5(3)(b)(i)(ii).\n\n(4) All questions coming before a meeting of the Trust shall be decided by a majority of votes of the trustees present at the meeting and in the event of an equality of votes the trustee presiding at the meeting shall have an additional vote.\n\n(5) Subject to this Act the Trust shall govern its own procedure.\n\n\t8 Director and other officers\n\nS. 8(1) amended by No. 38/1995  \ns. 19(b).\n\n(1) The Trust may appoint a director and such other officers as it requires upon such terms and conditions and for such remuneration as it determines from time to time.\n\n(2) The Trust may at any time remove any person appointed under subsection (1).\n\nS. 9 substituted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101), new s. 9 inserted by No. 22/2024 s. 25.\n\n\t9 Vacant Land Conservation Covenants Account\n\n(1) There is established an account in the Public Account as part of the Trust Fund known as the Vacant Land Conservation Covenants Account.\n\n(2) There is to be credited to the VLCC Account—\n\n(a) all money required or authorised to be paid into the VLCC Account by any Act; and\n\n(b) all interest derived from investment of money in the VLCC Account.\n\nS. 9(3) amended by No. 24/2025 s. 41(1).\n\n(3) Money standing to the credit of the VLCC Account is to be applied, in amounts authorised by the Secretary, toward the reasonable costs and expenses incurred by the Trust in relation to entering into covenants under section 3A(1).\n\n(4) If the Treasurer is satisfied that at any time there is in the VLCC Account an amount in excess of the amount required to meet the anticipated payments from the account, the Treasurer, after consultation with the Minister, may direct the payment of the whole or any part of that excess amount out of the VLCC Account into the Consolidated Fund.\n\n(5) The Minister must cause to be included in the report of operations of the Department under Part 7 of the **Financial Management Act 1994** for a financial year—\n\n(a) details of amounts credited to and applied from the VLCC Account in that year; and\n\n(b) the number of covenants entered into in that year that were funded from the VLCC Account.\n\n(6) In this section—\n\n***Department*** means the Department of Energy, Environment and Climate Action;\n\nS. 9(6) def. of *non–residential zone* repealed by No. 24/2025 s. 41(2)(b).\n\n* * * * *\n\n***Secretary*** means the Department Head of the Department under the **Public Administration Act 2004**;\n\nS. 9(6) def. of *specified land* repealed by No. 24/2025 s. 41(2)(b).\n\n* * * * *\n\nS. 9(6) def. of *VLCC Account* amended by No. 24/2025 s. 41(2)(a).\n\n***VLCC Account*** means the Vacant Land Conservation Covenants Account established by subsection (1).\n\nS. 9(6) def. of *zone* repealed by No. 24/2025 s. 41(2)(b).\n\n* * * * *\n\nSs 10–12 repealed.[[4]](#endnote-5)\n\n* * * * *\n\nS. 13  \ninserted by No. 64/1986 s. 9.\n\n\t13 Reports to the Minister\n\nIf so requested by the Minister the Trust must report to the Minister on any matter specified by the Minister.\n\nS. 14 inserted by No. 48/2005 s. 11.\n\n\t14 Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005\n\n(1) On and from the commencement of Part 4 of the **Environment and Water Legislation (Miscellaneous Amendments) Act 2005**, the Trust is deemed to be the same body as it was immediately before that commencement, despite the changes to the constitution and quorum of the Trust by Part 4 of that Act and no decision, matter or thing is to be affected because of those changes.\n\n(2) The trustees of the Trust holding office immediately before the commencement of Part 4 of the **Environment and Water Legislation (Miscellaneous Amendments) Act 2005** continue to hold office after that commencement on the same terms and conditions on which they held office as trustees immediately before that commencement.\n\n(3) Despite the repeal of the **Victoria Conservation Trust Act 1978** by Part 4 of the **Environment and Water Legislation (Miscellaneous Amendments) Act 2005**, any order in force under section 4 of the **Victoria Conservation Trust Act 1978** immediately before that repeal is deemed to be an order made under section 3B.\n\n(4) Despite the repeal of the **Victoria Conservation Trust (Amendment) Act 1986** and the **Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995** by Part 4 of the **Environment and Water Legislation (Miscellaneous Amendments) Act 2005**, a reference in any Act, subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** or any document whatever, unless inconsistent with the context or subject-matter—\n\n(a) to the \"**Victoria Conservation Trust Act 1972**\" is deemed to be a reference to the \"**Victorian Conservation Trust Act 1972**\"; and\n\n(b) to the \"Victoria Conservation Trust\" or the \"Victorian Conservation Trust\" is deemed to be a reference to the Trust for Nature (Victoria).\n\nSchs 1, 2 inserted by No. 22/2024 s. 26, repealed by No. 24/2025 s. 42.\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 **Victorian Conservation Trust Act 1972** was assented to on 12 December 1972 and came into operation on 12 December 1972.\n\nThe name of this Act was changed from the **Victoria Conservation Trust Act 1972** to the **Victorian Conservation Trust Act 1972** by section 4(1) of the **Victoria Conservation Trust (Amendment) Act 1986**, No. 64/1986.\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 **Victorian Conservation Trust Act 1972** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Victoria Conservation Trust Act 1978, No. 9129/1978** (as amended by No.9427/1980)\n\n| Assent Date: | 23.5.78 |\n| --- | --- |\n| Commencement Date: | 23.5.78 |\n| Current State: | All of Act in operation |\n\n\n**Victoria Conservation Trust (Amendment) Act 1978, No. 9166/1978**\n\n| Assent Date: | 3.10.78 |\n| --- | --- |\n| Commencement Date: | 3.10.78 |\n| Current State: | All of Act in operation |\n\n\n**Crown Land (Reserves) Act 1978, No. 9212/1978**\n\n| Assent Date: | 19.12.78 |\n| --- | --- |\n| Commencement Date: | 1.3.79: Government Gazette 21.2.79 p. 441 |\n| Current State: | All of Act in operation |\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**Victoria Conservation Trust (Amendment) Act 1986, No. 64/1986**\n\n| Assent Date: | 16.9.86 |\n| --- | --- |\n| Commencement Date: | 16.9.86 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n| Current State: | All of Act in operation |\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 101) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\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**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| --- | --- |\n| Commencement Date: | S. 24(Sch. item 62) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\n\n\n**Environment and Water Legislation (Miscellaneous Amendments) Act 2005, No. 48/2005**\n\n| Assent Date: | 24.8.05 |\n| --- | --- |\n| Commencement Date: | Ss 8–11 on 25.8.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\n\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1 item 33) on 6.9.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\n\n\n**State Taxation Amendment Act 2024, No. 22/2024**\n\n| Assent Date: | 4.6.24 |\n| --- | --- |\n| Commencement Date: | Ss 25, 26 on 5.6.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\n\n\n**State Taxation Acts Amendment Act 2025, No. 24/2025**\n\n| Assent Date: | 24.6.25 |\n| --- | --- |\n| Commencement Date: | Ss 41, 42 on 25.6.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Victorian Conservation Trust Act 1972** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 2: Section 10 of the **Victoria Conservation Trust (Amendment) Act 1986**, No. 64/1986 reads as follows:\n\n  10 Transitional provisions\n\n  (1) The Victorian Conservation Trust is to be taken as the same body as the Victoria Conservation Trust in spite of any changes to the name and structure of the Victorian Conservation Trust by this Act and no act matter or thing is to be affected because of those changes of name and structure.\n\n  (2) A reference in any document—\n\n  (a) to the \"**Victoria Conservation Trust Act 1972**\" is to be taken to refer to the \"**Victorian Conservation Trust Act 1972**\"; and\n\n  (b) to the \"Victoria Conservation Trust\" is to be taken to refer to the \"Victorian Conservation Trust\".\n\n  (3) The members of the Victoria Conservation Trust holding office immediately before the commencement of this Act continue to hold office after the commencement of this Act as trustees of the Victorian Conservation Trust upon the same terms and conditions as those upon which they held office as members of the Victoria Conservation Trust. [↑](#endnote-ref-2)\n\n2. S. 2: Section 22 of the **Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995**, No. 38/1995 reads as follows:\n\n  22 Transitional provisions\n\n  (1) The Trust for Nature (Victoria) is deemed to be the same body as the Victorian Conservation Trust despite the changes to the name and structure of the Trust by this Act, and no matter or thing is to be affected because of those changes of name and structure.\n\n  (2) On and after the commencement of this section, a reference to the Victorian Conservation Trust in any Act, subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** or any document whatever, unless inconsistent with the context or subject-matter, is deemed to be a reference to the Trust for Nature (Victoria).\n\n  (3) The trustees of the Victorian Conservation Trust holding office immediately before the commencement of this section continue to hold office after the commencement of this section as trustees of the Trust for Nature (Victoria) on the same terms and conditions upon which they held office as trustees of the Victorian Conservation Trust. [↑](#endnote-ref-3)\n\n3. S. 3A: Section 4 of the **Victoria Conservation Trust Act 1978**, No. 9129/1978 (as amended by No. 9427/1980) reads as follows:\n\n  4 Tax and rating remissions\n\n  S. 4(1) amended by No. 9427/1980 s. 6(1)(Sch. 5 item 189).\n\n  (1) Where any land is the subject of a covenant under subsection (1) of section 3A of the Principal Act and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered the Trust may so report to the Minister.\n\n  (2) Where the Minister has received a report under subsection (1) he may do one or both of the following—\n\n  (a) with the consent of the Treasurer make an order under his hand remitting, subject to subsection (5), the whole or any part of the tax payable by the owner under the **Land Tax Act 1958** that is attributable to the land concerned; and\n\n  (b) after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order under his hand remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.\n\n  (3) Any order made by the Minister under subsection (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by him.\n\n  (4) The Commissioner of Land Tax and any rating authority concerned shall comply with any order made by the Minister under this section.\n\n  (5) Any land tax or rate remitted under this section during the preceding five years shall become payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs. [↑](#endnote-ref-4)\n\n4. Ss 10–12:\n\n  S. 10 repealed by No. 9863 s. 2, new s. 10 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101).\n\n  Ss 11, 12 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101). [↑](#endnote-ref-5)","sortOrder":0}],"analysis":{"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":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since enactment the Act's practical scope has expanded beyond creating a conservation body to include statutory power to take binding covenants on private land (s.3A), an express regime for tax and rate remissions tied to those covenants with Treasurer and rating authority consent (s.3B), and a dedicated public account to fund covenant expenses (s.9). Governance, trustee immunities and registration/enforcement mechanics were also added or clarified by later amendments (ss.4–5A, s.3A(10)–(11))."},"complexity_factors":["Cross‑references and operational links to multiple other Acts (Crown Land (Reserves) Act 1978, Land Tax Act 1958, Property Law Act 1958, Financial Management Act 1994) increasing legal interaction and implementation steps (s.3(3)(a), s.3B, s.3A(10), s.9(5)).","Ministerial discretion over covenant approval, notice and tax/rate remissions (s.3A(6)–(9), s.3B(2)–(3)) creates administrative decision points and potential for case‑by‑case outcomes.","Mechanics for creating, registering and enforcing covenants on land title (Registrar of Titles recording, covenant burden running with the land) require coordination with land registration systems (s.3A(10)–(11)).","Financial mechanisms: VLCC Account rules for credits, authorised expenditure, and Treasurer directions introduce funding and fiscal management elements (s.9(1)–(5)).","Governance and personnel rules (appointment, terms, quorum, immunities) affect internal Trust operation and liability allocation (ss.4–8, s.5A).","Amendments and transitional provisions across decades mean historical instruments and prior orders remain relevant, complicating legal history and interpretation (s.14; Endnotes/Table of Amendments).","Some defined standards (e.g. “ecologically significant”, “natural interest”) are qualitative, leaving interpretation to the Trust and Minister and creating discretion in application (s.3, s.3A(1))."],"plain_english_summary":"Establishes the Trust for Nature (Victoria) as a corporate body empowered to acquire, hold and protect ecologically, historically or scenically important land and to enter enforceable conservation covenants (s.2, s.3A). It also gives the Minister authority to approve covenants, to order remissions of land tax and local rates with Treasurer or rating‑authority consent (s.3A, s.3B), and creates a Vacant Land Conservation Covenants Account to fund covenant costs (s.9). Affected parties include landowners, the Trust, trustees, the Minister, Treasurer, revenue and rating authorities."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to remain focused on its original purpose of establishing and empowering the Victorian Conservation Trust to acquire and protect land for conservation. No evidence of significant scope change from original intent is apparent, though the consolidated version history suggests amendments have been made over time that may have refined or expanded operational details."},"complexity_factors":["Limited legislative text was provided, preventing detailed analysis of operative provisions","Establishes a statutory body, which involves governance structures that can be moderately complex","Likely contains provisions about land acquisition powers which can involve legal technicalities","As a 1972 Act it may have archaic drafting conventions","Relatively narrow and focused subject matter keeps overall complexity low"],"plain_english_summary":"The Victorian Conservation Trust Act 1972 creates a statutory body—the Victorian Conservation Trust—to acquire, hold and manage land and funds for conservation in Victoria. It provides a legal mechanism for protecting ecologically or historically significant land, accepts donations from private owners, and affects landowners, conservation groups, government agencies and the public by enabling permanent protection and stewardship of natural areas."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1972 purpose. Originally focused on the Trust acquiring and holding land directly, the Act was transformed by the 1978 amendments (Act No. 9129) which introduced the conservation covenant system — a mechanism for protecting private land without acquisition. The 2005 amendments further expanded scope by consolidating two separate Acts (the 1972 Act and the 1978 Act) into one, adding tax relief provisions, and restructuring governance. The 2024-2025 amendments added the Vacant Land Conservation Covenants Account funding mechanism. What began as a simple land-holding authority has become a comprehensive private land conservation framework with financial incentives, complex approval processes, and permanent legal mechanisms affecting property rights across Victoria."},"complexity_factors":["Moderate length (14 operative sections plus endnotes)","Multiple name changes and structural amendments creating layered transitional provisions (sections 10, 14, and endnotes)","Cross-references to external legislation: Crown Land (Reserves) Act 1978, Land Tax Act 1958, Financial Management Act 1994, Public Administration Act 2004","Conditional logic in covenant approval process (Ministerial approval, public notification, submission periods, Governor in Council determination for disputes)","Nested conditions in tax relief provisions (economic feasibility test, Ministerial discretion, Treasurer consent, rating authority consultation, clawback on covenant release)","Property law concepts requiring explanation (covenants running with land, registration in Register of Titles, burden/benefit rules)","Repealed and substituted sections creating historical complexity (sections 9, 10-12 have complex amendment histories)","Only 2 defined terms in section 1A, but several undefined technical terms used throughout (e.g., 'devise', 'demise', 'unalienated land of the Crown')"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Trust for Nature (Victoria)** — a government-established body corporate (a legal entity that can own property, sue, and be sued) dedicated to protecting Victoria's natural environment.\n\n**Who it affects:**\n\n* **Landowners** who want to permanently protect their land through conservation covenants (legal agreements that restrict how land can be used or developed)\n* **The Trust itself** — its board of trustees, staff, and operations\n* **Government** — particularly the Minister, Treasurer, and local councils (rating authorities)\n* **The public** — who benefit from preserved natural areas for recreation, education, and scientific study\n\n**Key things the law allows:**\n\n* **Buying and owning land** — The Trust can purchase, hold, and sell property to protect ecologically significant areas\n* **Conservation covenants** — Landowners can enter binding legal agreements with the Trust that permanently restrict development. These \"run with the land\" (bind future owners) and are registered on the property title\n* **Tax relief** — If protecting land becomes economically unviable, the Minister can remit (cancel or reduce) land tax and council rates, though this relief must be repaid if the covenant is later released (unless waived)\n* **Returning land to Crown** — The Trust can surrender land back to the government to become permanent public reserves\n* **Funding mechanism** — The **Vacant Land Conservation Covenants Account** provides money to cover the Trust's costs in establishing covenants\n\n**Why it matters:**\n\nThis is Victoria's primary legal framework for **private land conservation**. It creates a permanent mechanism for protecting nature on private property — crucial because most of Victoria's land is privately owned. The covenant system allows conservation to happen without the government buying every important site, while the tax relief provisions recognise that conservation often reduces land value.\n\nThe Act has evolved significantly since 1972, particularly through the 1978 covenant provisions and 2005 restructuring, but its core purpose remains: enabling permanent, legally binding protection of Victoria's natural heritage."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-conservation-trust-act-1972","history":"/api/acts/victorian-conservation-trust-act-1972/history","analysis":"/api/acts/victorian-conservation-trust-act-1972/analysis","conflicts":"/api/acts/victorian-conservation-trust-act-1972/conflicts","importantCases":"/api/acts/victorian-conservation-trust-act-1972/important-cases","documents":"/api/acts/victorian-conservation-trust-act-1972/documents"}}