Version incorporating amendments as at
6 April 2020
table of provisions
Section Page
Part I—Introductory 1
1 Short title, commencement and Parts 1
2 Definitions 2
3 Act to bind Crown 3
Part IV—Declaration of alpine resorts 4
19 Declaration of alpine resorts 4
21 Alpine resorts deemed to be permanently reserved 4
22 Falls Creek Alpine Resort—Construction of reference 5
23 Roads not part of reservations 5
24 Land deemed not to be part of municipal district 6
Schedule 8
Endnotes 9
1 General information 9
2 Table of Amendments 11
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.042
Alpine Resorts Act 1983
No. 9974 of 1983
Version incorporating amendments as at
6 April 2020
An Act to make Provision for the Establishment of an Alpine Resorts Commission, to make Provision with respect to the Powers, Duties and Functions of that Commission and the Development, Management and Improvement of Alpine Resorts, to amend the Forests Act 1958, the Local Government Act 1958, to repeal the Mount Hotham Alpine Resort Act 1972 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Introductory
1 Short title, commencement and Parts
(1) This Act may be cited as the Alpine Resorts Act 1983.
(2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 1(3) amended by No. 55/1986 s. 9(2), repealed by No. 74/2000 s. 3(Sch. 1 item 8).
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of alpine resort amended by No. 55/1986 s. 4.
alpine resort means any area of the State of Victoria declared to be an alpine resort under Part IV of this Act or added by this Act to an area declared to be an alpine resort;
S. 2 def. of Central Plan Office inserted by No. 62/2016 s. 8, repealed by No. 53/2017
s. 68(1).
S. 2 defs of chairman, chief executive officer, Commission, Council, member repealed by No. 89/1997
s. 66.
national park means national park within the meaning of the National Parks Act 1975;
S. 2 def. of prescribed repealed by No. 89/1997
s. 66.
public Authority means any body (whether corporate or unincorporate) constituted by or under an Act of Parliament for a public purpose;
S. 2 def. of regulation repealed by No. 89/1997
s. 66.
3 Act to bind Crown
This Act shall bind the Crown and every public authority.
Pt 2
(Heading and ss 4–15) amended by Nos 10046
s. 33, 45/1987 s. 205(Sch. item 4), 50/1988
s. 93(2)(Sch. 2 Pt 2 item 3), 24/1992 s. 4, 31/1994
s. 4(Sch. 2 item 5), 42/1995
s. 224(Sch. 2 item 5), repealed by No. 89/1997
s. 69.
Pt 3
(Heading and ss 16–18) repealed by No. 89/1997
s. 69.
Part IV—Declaration of alpine resorts
19 Declaration of alpine resorts
(1) The Governor in Council on the recommendation of the Minister may by Order published in the Government Gazette declare to be an alpine resort for the purposes of this Act any Crown lands (other than lands in a national park) at any of the places specified in the Schedule.
S. 19(2) amended by Nos 41/1987 s. 103(Sch. 4 item 2.1). 62/2016 s. 9.
(2) Every Order under subsection (1) shall describe the boundaries of the alpine resort by reference to a plan lodged in the Central Plan Office.
(3) The area of an alpine resort shall not be diminished except by the express provisions of an Act of Parliament.
(4) Any lands within the boundaries of an alpine resort that are not Crown lands shall for the purpose of any of the provisions of this Part or of Part VI be deemed to be part of the alpine resort and the occupiers of any such lands shall be liable to make contributions under Part VI in respect of those lands.
S. 20
repealed by No. 45/1987 s. 205(Sch. item 5).
21 Alpine resorts deemed to be permanently reserved
S. 21(1) amended by Nos 55/1986 s. 5, 45/1987 s. 205(Sch. item 6), 89/1997 s. 67.
(1) All Crown lands in alpine resorts shall be deemed to be Crown lands permanently reserved as alpine resorts under section 4(1)(v) of the Crown Land (Reserves) Act 1978.
S. 21(2) amended by No. 52/1994 s. 97(Sch. 3 item 3).
(2) Any reservation proclamation or declaration affecting any land in any alpine resort for any other purpose than that referred to in subsection (1) whether under the said section 4 or pursuant to the provisions of any other Act or law but not including any declaration of a special water supply catchment area under the Catchment and Land Protection Act 1994, is hereby revoked.
S. 22
repealed by No. 45/1987 s. 205(Sch. item 5), new s. 22 inserted by No. 89/1997 s. 68, substituted by Nos 50/2000 s. 12, 17/2013 s. 4, 62/2016 s. 10, amended by No. 53/2017 s. 68(2).
22 Falls Creek Alpine Resort—Construction of reference
On and from the commencement of section 10 of the Alpine Resorts Legislation Amendment Act 2016, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.
S. 23 amended by Nos 55/1986 s. 6(a)–(c), 9/1987 s. 9(Sch. 3 item 1.1), repealed by No. 45/1987 s. 205(Sch. item 5), new s. 23 inserted by No. 89/1997 s. 68.
23 Roads not part of reservations
On the commencement of this section, section 21 ceases to apply to the land comprised in—
(a) that part of the Great Alpine Road (Alpine Tourist Road) which is within the Mount Hotham Alpine Resort;
(b) that part of the Mount Buller Tourist Road which is within the Mount Buller Alpine Resort;
(c) that part of the Bogong High Plains Tourist Road which is within the Falls Creek Alpine Resort;
(d) that part of the Lake Mountain Tourist Road which is within the Lake Mountain Alpine Resort—
and the land becomes unalienated land of the Crown.
S. 23A inserted by No. 9/1987 s. 9 (Sch. 3 item 1.2), repealed by No. 45/1987 s. 205(Sch. item 5).
S. 24
inserted by No. 89/1997 s. 68, amended by No. 9/2020 s. 390(Sch. 1 item 3).
24 Land deemed not to be part of municipal district
Despite the Local Government Act 2020, any land which is in an alpine resort is deemed not to be part of any municipal district within the meaning of the Local Government Act 2020 and may not be added to a municipal district by an Order made under that Act.
Pt 4A (Heading and ss 22, 23) inserted by No. 24/1992 s. 5(1), repealed by No. 89/1997
s. 69.
Pt 5
(Heading and ss 24–26) amended by Nos 41/1987
s. 116(6), 12/1989
s. 4(1)(Sch. 2 item 5.1), repealed by No. 89/1997
s. 69.
Pt 6
(Heading and ss 27–31) amended by Nos 55/1986 ss 7, 8(a)(b), 45/1987
s. 205(Sch. item 5), 12/1989
s. 4(1)(Sch. 2 items 5.2–5.5), 79/1995 s. 31, 48/1996
s. 32(1)(2), 84/1996
s. 467(Sch. 6 item 2.1), repealed by No. 89/1997
s. 69.
Pt 7
(Heading and ss 32–46) amended by Nos 55/1986
s. 9(1), 29/1988 s. 57(1), 94/1990
s. 40(1), 24/1992
s. 6(a)(b), 115/1993
s. 32(1), 31/1994
s. 3(Sch. 1 item 4), repealed by No. 89/1997
s. 69.
Ss 9(a), 20(1), 24(6).
Schedule
Sch. Pt A (Heading) inserted by No. 55/1986 s. 10(a).
Sch. Pt A amended by Nos 57/1995 s. 47, 62/2016 s. 11.
Part A
Mount Hotham
Falls Creek
Mount Buller
Mount Stirling
Mount Baw Baw
Lake Mountain
Sch. Pts B, C inserted by No. 55/1986 s. 10(b), repealed by No. 89/1997
s. 69.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Alpine Resorts Act 1983 was assented to on 29 November 1983 and came into operation as follows:
Sections 1–43, 44(2) on 28 March 1984: Government Gazette 28 March 1984 page 977; rest of Act on 17 April 1985: Government Gazette 17 April 1985 page 1101.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Alpine Resorts Act 1983 by Acts and subordinate instruments.
S. 3(Sch. 1 item 4) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 item 5) on 1.1.95: Government Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Catchment and Land Protection Act 1994, No. 52/1994
Assent Date:
15.6.94
Commencement Date:
S. 97(Sch. 3 item 3) on 15.12.94: s. 2(3)
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Equal Opportunity Act 1995, No. 42/1995
Assent Date:
14.6.95
Commencement Date:
S. 224(Sch. 2 item 5) on 5.10.95: Government Gazette 28.9.95 p. 2731
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995
Assent Date:
20.6.95
Commencement Date:
S. 47 on 15.12.95: Government Gazette 14.12.95 p. 3488
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Electricity Industry (Further Amendment) Act 1995, No. 79/1995
Assent Date:
28.11.95
Commencement Date:
S. 31 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Electricity Industry (Further Amendment) Act 1996, No. 48/1996
Assent Date:
26.11.96
Commencement Date:
26.11.96: s. 2
Current State:
All of Act in operation
Co-operatives Act 1996, No. 84/1996
Assent Date:
23.12.96
Commencement Date:
S. 467(Sch. 6 item 2.1) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date:
9.12.97
Commencement Date:
S. 68 on 16.12.97: Special Gazette (No. 159) 16.12.97 p. 1; ss 66, 67, 69 on 30.4.98: Government Gazette 30.4.98 p. 926
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
National Parks (Amendment) Act 2000, No. 50/2000
Assent Date:
14.6.00
Commencement Date:
S. 12 on 25.1.01: Government Gazette 25.1.01 p. 100
Current State:
This information relates only to the provision/s amending the Alpine Resorts 1983
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 8) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Alpine Resorts Act 1983
Alpine Resorts and National Parks Acts Amendment Act 2013, No. 17/2013
Assent Date:
23.4.13
Commencement Date:
S. 4 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1
Current State:
This information relates only to the provision/s amending the Alpine Resorts 1983