Alpine Resorts (Management) Act 1997

Part 1—Preliminary

1 Purposes

The purposes of this Act are to—

S. 1(a) substituted by No. 9/2022 s. 4.

(a) establish Alpine Resorts Victoria; and

(b) provide for the management of several alpine resorts; and

(c) amend the Alpine Resorts Act 1983; and

(d) make various other related provisions and amendments to other Acts.

S. 1A inserted by No. 24/2004 s. 3, substituted by No. 9/2022 s. 5.

1A Recognition of traditional owners

(1) The Parliament recognises that traditional owners, as the original custodians of the land in alpine resorts—

(a) have a unique status as the descendants of Australia's first people; and

(b) have a spiritual, social, cultural and economic relationship with the land in alpine resorts; and

(c) have made a unique and irreplaceable contribution to the identity and well‑being of the land in alpine resorts.

(2) The Parliament does not intend by this section—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of this Act or of any other law in force in Victoria.

S. 1B inserted by No. 9/2022 s. 5.

1B Object of this Act

The object of this Act is to promote—

(a) the management, development, promotion and use of alpine resorts that takes into account the following factors—

(i) the unique characteristics of each alpine resort;

(ii) the environment and ecology of the resorts and the effect of climate change on them;

(iii) economic considerations in relation to the resorts;

(iv) the cultural heritage and landscape of the resorts, including indigenous cultural heritage and the provisions of any relevant traditional owner recognition and settlement agreement; and

(b) provision for the use of alpine resorts in all seasons of the year by persons from different cultural and economic groups, primarily for the purposes of recreation and tourism.

2 Commencement

(1) Section 1, section 60 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 31 October 1998, it comes into operation on that day.

3 Definitions

In this Act—

alpine resort has the same meaning as in the Alpine Resorts Act 1983;

S. 3 def. of alpine resorts principles inserted by No. 9/2022 s. 6(1).

alpine resorts principles means the principles set out in section 6A;

S. 3 def. of Alpine Resorts Strategic Plan inserted by No. 24/2004 s. 4(a), substituted as alpine resorts strategic plan by No. 9/2022 s. 6(4).

alpine resorts strategic plan means the plan made and endorsed under Division 1 of Part 4 and, if the plan has been amended under Division 2 of Part 4, the plan as so amended;

S. 3 def. of Alpine Resorts Victoria inserted by No. 9/2022 s. 6(1).

Alpine Resorts Victoria means the body corporate established under section 14;

S. 3 def. of Board substituted by No. 9/2022 s. 6(3).

Board means the Board of Alpine Resorts Victoria;

S. 3 def. of Central Plan Office amended by No. 24/2004 s. 4(b), substituted by No. 62/2016 s. 4, repealed by No. 53/2017 s. 69.

S. 3 def. of corporate planning document inserted by No. 9/2022 s. 6(1).

corporate planning document means—

(a) a statement of corporate intent; or

(b) a corporate plan; or

(c) a business plan;

S. 3 def. of Council repealed by No. 9/2022 s. 6(2).

S. 3 def. of director inserted by No. 9/2022 s. 6(1).

director means a director of the Board appointed under section 16(1);

S. 3 def. of Falls Creek Alpine Resort amended by No. 17/2013 s. 5.

Falls Creek Alpine Resort means the land at Falls Creek declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 16 April 1985 and published in the Government Gazette on 17 April 1985;

Note

Section 22 of the Alpine Resorts Act 1983 reconstrues references in the Order in Council to the land contained in the Falls Creek Alpine Resort.

S. 3 def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 2.1(a)).

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

Lake Mountain Alpine Resort means the land at Lake Mountain declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 24 March 1987 and published in the Government Gazette on 25 March 1987 other than the land delineated and shown hatched on the plan in Part D of Schedule 1 to the National Parks (Yarra Ranges and Other Amendments) Act 1995 and excised from the resort by section 25 of that Act;

S. 3 def. of member repealed by No. 9/2022 s. 6(2).

S. 3 def. of Ministerial directions inserted by No. 9/2022 s. 6(1).

Ministerial directions means any directions of the Minister given under section 19;

Mount Baw Baw Alpine Resort means the land at Mount Baw Baw declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 29 April 1986 and published in the Government Gazette on 30 April 1986;

Mount Buller Alpine Resort means the land at Mount Buller declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 19 February 1985 and published in the Government Gazette on 27 February 1985 excepting the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./97-283;

Mount Hotham Alpine Resort means the land at Mount Hotham declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 19 February 1985 and published in the Government Gazette on 27 February 1985;

Mount Stirling Alpine Resort means the land at Mount Stirling declared to be an alpine resort by Order in Council made under the Alpine Resorts Act 1983 on 19 February 1985 and published in the Government Gazette on 27 February 1985 and the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./97-283;

S. 3 def. of municipal council inserted by No. 9/2022 s. 6(1).

municipal council has the same meaning that Council has in the Local Government Act 2020;

S. 3 def. of planning Minister inserted by No. 9/2022 s. 6(1).

planning Minister means the Minister administering the Planning and Environment Act 1987;

public authority means any body (whether corporate or unincorporate) constituted by or under an Act for a public purpose;

relevant law has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3 def. of Secretary amended by No. 76/1998
s. 5.

Secretary has the same meaning as Secretary in the Conservation, Forests and Lands Act 1987;

S. 3 def. of
ski lift inserted by No. 24/2004 s. 4(a).

ski lift means any mechanism (not being a vehicle) provided for the transport of persons up and between ski slopes;

S. 3 def. of stakeholder consultative committee inserted by No. 9/2022 s. 6(1).

stakeholder consultative committee means a committee appointed under section 23(1);

S. 3 def. of statement of obligations inserted by No. 9/2022 s. 6(1).

statement of obligations means the statement of obligations made by the Minister under section 39, and if the statement is amended or varied under section 42, the statement as so amended or varied;

S. 3 def. of Strategic Management Plan inserted by No. 24/2004 s. 4(a), repealed by No. 9/2022 s. 6(2).

stratum of land means a part of land consisting of a space of any shape, below, on or above the surface of the land, all the dimensions of which are limited;

S. 3 def. of traditional owner recognition and settlement agreement inserted by No. 9/2022 s. 6(1).

traditional owner recognition and settlement agreement has the same meaning as recognition and settlement agreement has in the Traditional Owner Settlement Act 2010.

S. 3 def. of VicRoads inserted by No. 39/2006 s. 10, amended by No. 43/2012 s. 3(Sch. item 3), repealed by No. 49/2019 s. 186(Sch. 4 item 2.1(b)).

Note to s. 3 inserted by No. 62/2010 s. 137.

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

S. 3A inserted by No. 12/2004 s. 148.

3A Application of Road Management Act 2004

(1) A road under this Act is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2) The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a) the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

S. 3A(2)(b) amended by No. 9/2022 s. 7.

(b) if no notice is published, Alpine Resorts Victoria.

S. 3B inserted by No. 6/2010 s. 25(5)(Sch. 2 item 1) (as amended by No. 45/2010 s. 6).

3B Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

S. 4 amended by Nos 24/2004 s. 13, 62/2016 s. 5, substituted by No. 9/2022 s. 8.

4 Alpine Resorts Victoria taken to be committee of management

Alpine Resorts Victoria is taken to be the committee of management under the Crown Land (Reserves) Act 1978 of all of the Crown land which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978 in the following—

(a) the Falls Creek Alpine Resort;

(b) the Lake Mountain Alpine Resort;

(c) the Mount Baw Baw Alpine Resort;

(d) the Mount Buller Alpine Resort;

(e) the Mount Hotham Alpine Resort;

(f) the Mount Stirling Alpine Resort.

S. 5
substituted by No. 49/2000 s. 28, amended by Nos 20/2014 s. 36, 36/2018 ss 36, 56, 79(1)(2), 91, 39/2018 s. 30, substituted by No. 9/2022 s. 9.

5 Operation of other Acts in relation to alpine resorts

(1) For the purposes of the Environment Protection Act 2017—

(a) Alpine Resorts Victoria is taken to be a municipal council for the alpine resorts; and

(b) the alpine resorts are taken to be a municipal district.

(2) For the purposes of the Emergency Management Act 2013—

(a) Alpine Resorts Victoria is taken to be a municipal council for the alpine resorts; and

(b) the alpine resorts are taken to be a municipal district; and

(c) the chief executive officer of Alpine Resorts Victoria is taken to be the chief executive officer of the body that is taken to be a municipal council under paragraph (a).

(3) Despite subsection (2), Alpine Resorts Victoria may appoint a municipal council to be the municipal council for an alpine resort in relation to emergency management.

(4) If a municipal council is appointed under subsection (3), for the purposes of the Emergency Management Act 2013—

(a) the municipal council is taken to be the municipal council for the alpine resort for which it has been appointed; and

(b) the alpine resort is taken to be part of the municipal district of that municipal council.

(5) An appointment under subsection (3) does not have effect unless it is approved by—

(a) the municipal council that is proposed to be appointed; and

(b) the Municipal Emergency Management Planning Committee established by the municipal council for its municipal district under section 59 of the Emergency Management Act 2013; and

(c) the Regional Emergency Management Planning Committee for the region in which the relevant alpine resort is located.

6 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 6A inserted by No. 9/2022 s. 10.

6A Alpine resorts principles

(1) The Minister and Alpine Resorts Victoria, in performing their functions and exercising their powers under this Act and the regulations, must consider—

(a) protecting the unique environmental, social, cultural and economic characteristics of each alpine resort; and

(b) planning for and managing all alpine resorts in a co-ordinated manner that adapts to and responds to the impacts and risks of climate change; and

(c) the ongoing impact of the use of the alpine resorts on natural and cultural features and the ecology of the alpine resorts; and

(d) respecting, protecting and promoting Aboriginal self-determination, cultural values, practices, heritage and knowledge in the alpine resorts; and

(e) partnering with traditional owners in policy development, planning, and decision-making in the alpine resorts; and

(f) protecting and enhancing the amenity, access and use of each alpine resort, for the benefit and enjoyment of current and future generations of all Victorians; and

(g) promoting investment in a diverse range of tourism and recreation experiences, for all seasons, in each alpine resort.

Part 2—Specific powers in relation to alpine resorts

7 Powers to lease reserved land in alpine resorts

S. 7(1) amended by No. 9/2022 s. 11(1).

(1) Alpine Resorts Victoria, having first obtained the approval of the Minister, may grant a lease of any land in an alpine resort, which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978, for purposes consistent with the purposes of the reserve, for any term not exceeding 99 years.

(2) Subsection (1) has effect—

S. 7(2)(a) amended by No. 9/2022 s. 11(2).

(a) in addition to any power which Alpine Resorts Victoria has to lease such land under the Crown Land (Reserves) Act 1978; and

(b) despite any provision setting out the term for which reserved land may be leased in the Crown Land (Reserves) Act 1978 which is to the contrary.

S. 7A inserted by No. 39/2006 s. 11.

7A Leasing of land in strata

(1) A lease under section 7 may be granted—

(a) without being limited to a particular stratum of any land in the resort; or

(b) for a stratum of land in the resort.

S. 7A(2) amended by No. 9/2022 s. 12(1).

(2) Alpine Resorts Victoria must not grant a lease under section 7 for a stratum of land in the resort unless Alpine Resorts Victoria—

(a) has first consulted the Minister administering the Planning and Environment Act 1987, where a planning scheme applies to the stratum; and

(b) is satisfied that—

(i) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(ii) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(iii) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(iv) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.

S. 7A(3) amended by No. 9/2022 s. 12(2).

(3) In determining whether the requirements of subsection (2)(b)(i), (iii) and (iv) are met the matters which Alpine Resorts Victoria may take into account include, but are not limited to, any of the following—

(a) the fact that the proposed lessee is the owner, lessee or occupier of land that can be used for access to or support of the stratum or for the provision of services to the stratum or through it to other land;

(b) the fact that the lessee has obtained rights over neighbouring land sufficient to provide access to or support of the stratum, or for the provision of services to the stratum or through it to other land whether, those rights are proprietary interests or not, and however they are created;

(c) the extent to which the rights referred to in paragraph (b) are capable of being enjoyed by the lessee's successors in title.

(4) The granting under this subdivision of a lease of a stratum of Crown land is conclusive proof of compliance with subsection (2) in respect of the lease.

(5) A lease under section 7 may be granted for a stratum of Crown land—

(a) over or under land that is—

(i) shown as a road on a map or plan kept in the Central Plan Office; or

(ii) proclaimed as a road or public highway under an Act; or

(iii) reserved as a road; or

(iv) constructed or used as road in the resort—

but not on the level at which the road is constructed; or

S. 7A(5)(b) amended by No. 49/2019 s. 186(Sch. 4 item 2.2).

(b) over or under land that is a freeway or an arterial road within the meaning of the Road Management Act 2004, if the consent of the Head, Transport for Victoria has first been obtained, but not on the level at which the freeway or arterial road is constructed.

(6) Without limiting section 7(1), the conditions, covenants, reservations, restrictions and exceptions in a lease for a stratum of Crown land in an alpine resort may include, but are not limited to, provision for any of the following—

(a) access to and use of the stratum;

(b) support of the stratum and of any building or structure erected or to be erected on it;

(c) access through the stratum to other land;

(d) support of other land;

(e) any necessary rights for the passage or provision of services to or through the stratum;

(f) the prevention of interference by the lessee with the use or enjoyment of other land;

(g) the prevention of interference by the lessee with the use of any road by the public and the protection and maintenance and management of any road above or below the stratum.

S. 7A(7) amended by No. 9/2022 s. 12(3).

(7) Without limiting the circumstances in which a lease may be declared forfeit, a lease of a stratum of Crown land in an alpine resort may be declared forfeit by Alpine Resorts Victoria if Alpine Resorts Victoria is satisfied that, the lessee cannot have reasonable access to the leased stratum or there are no rights of support for the stratum or no necessary rights for the provision of services to or through the stratum.

8 Licences issued under the Crown Land (Reserves) Act 1978

Despite anything to the contrary in the Crown Land (Reserves) Act 1978, a licence granted under section 17A(1)(d) or 17B(1)(a) of that Act over any land in an alpine resort which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978 may be issued for a period not exceeding 10 years.

S. 8A inserted by No. 39/2006 s. 12.

8A Licence for strata of land

S. 8A(1) amended by No. 9/2022 s. 13(1).

(1) A licence granted by Alpine Resorts Victoria over land that is in an alpine resort may be granted—

(a) without being limited to a particular stratum; or

(b) for a stratum of Crown land.

S. 8A(2) amended by No. 9/2022 s. 13(2).

(2) A licence for a stratum of land in an alpine resort must not be granted unless Alpine Resorts Victoria in granting the licence—

(a) has first consulted the Minister administering the Planning and Environment Act 1987, where a planning scheme applies to the stratum; and

(b) is satisfied that—

(i) the licensee can obtain reasonable access to and use of the land to be licensed; and

(ii) the granting of the licence would not interfere with the exercise of rights under any other licence for a stratum or for land.

(3) The matters which must be taken into account under subsection (2)(b)(i) include but are not limited to the following—

(a) the fact that the stratum is to be used as a crossing over or tunnel under the surface of the land, for the purpose of passing between 2 pieces of land owned or occupied by the applicant for the licence;

(b) the fact that the stratum is to be used as a crossing over or tunnel under the surface of land and that the licensee has obtained rights of access to neighbouring land sufficient to enable the licensee to use the crossing or tunnel, whether those rights are interests in land or are created by agreement or otherwise;

(c) if the licensee proposes to erect a building or structure, the fact that provision has been made for the support of the building or structure, whether by the creation of proprietary interests or rights under an agreement, or in any other way.

(4) A licence over a stratum of land in an alpine resort may be granted—

(a) over or under land that is—

(i) shown as a road on a map or plan kept in the Central Plan Office; or

(ii) proclaimed as a road or public highway under an Act; or

(iii) reserved as a road; or

(iv) constructed or used as road in the resort—

but not on the level at which the road has been constructed; or

S. 8A(4)(b) amended by No. 49/2019 s. 186(Sch. 4 item 2.3).

(b) over or under land that is a freeway or an arterial road within the meaning of the Road Management Act 2004, if the consent of the Head, Transport for Victoria has first been obtained, but not on the level at which the freeway or arterial road has been constructed.

(5) A licence for a stratum of Crown land in an alpine resort is subject to any conditions, covenants, reservations, restrictions and exceptions determined by the person granting the licence that are specified in the licence, including, but not limited to—

(a) access to and use of the stratum; or

(b) support of any building or structure to be erected on the stratum; or

(c) the prevention of interference by the licensee with the exercise of rights under licence for other strata or other land; or

(d) the prevention of interference by the licensee with the use of any road by the public.

S. 8A(6) amended by No. 9/2022 s. 13(3).

(6) Without limiting the circumstances in which a licence may be declared forfeit, a licence for a stratum of Crown land in an alpine resort may be declared forfeit by Alpine Resorts Victoria if Alpine Resorts Victoria is satisfied that, because an interest, right or power has ceased to have effect or no longer exists or for any other reason, the licensee cannot have reasonable access to or use of the stratum covered by the licence.

9 Lease of land to a generation company

(1) The Minister may grant or renew a lease to a generation company of any area of land in the Falls Creek Alpine Resort which is used for the purposes of the generation of electricity for supply or sale.

(2) A lease under subsection (1)—

(a) must be granted in writing; and

(b) is subject to the terms and conditions determined by the Minister.

(3) A lease under subsection (1) may be granted—

(a) without being limited to a particular stratum of land; or

(b) for a stratum of land.

(4) The Minister must not grant a lease under subsection (1) for a stratum of land unless he or she is satisfied that—

(a) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(b) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on the land; and

S. 9(4)(d) amended by No. 39/2006 s. 13.

(d) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.

(5) The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease.

S. 9(6) amended by No. 69/2000 s. 46(1).

(6) In this section generation company has the same meaning as in the Electricity Industry Act 2000.

10 Issue of licences over land to a generation company

(1) The Minister may grant or renew a licence to a generation company of any area of land in the Falls Creek Alpine Resort which is used for the purposes of the generation of electricity for supply or sale.

(2) A licence under subsection (1)—

(a) must be granted in writing; and

(b) is subject to the terms and conditions determined by the Minister.

S. 10(3) amended by No. 69/2000 s. 46(2).

(3) In this section, generation company has the same meaning as in the Electricity Industry Act 2000.

11 Agreement with electricity company over land in resort

(1) The Minister may enter into an agreement with an electricity company—

(a) to manage and control; or

(b) to carry out duties, functions and powers related to the company's purpose on—

any Crown land which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978 in an alpine resort that is used for the purposes of or in connection with the company's purpose.

(2) An agreement under subsection (1)—

(a) must be in writing; and

(b) may be amended from time to time or terminated by further written agreement between the parties; and

(c) must contain provisions with respect to the protection and conservation of the land subject to the agreement.

(3) In this section—

S. 11(3) def. of electricity company amended by No. 69/2000 s. 46(3).

electricity company means a generation company, transmission company or distribution company within the meaning of the Electricity Industry Act 2000;

company's purpose means—

(a) in relation to an electricity company that is a generation company, the generation of electricity for the purposes of supply or sale;

(b) in relation to an electricity company that is a transmission company, the transmission of electricity;

(c) in relation to an electricity company that is a distribution company, the distribution or supply of electricity.

12 Powers to enter into agreements and arrangements

(1) The Minister may enter into a written agreement with the Minister responsible for a Department or public authority for—

(a) the carrying out of works and undertakings in an alpine resort by the Department or authority which are of a kind ordinarily carried out by the Department or authority; or

(b) the provision of services in an alpine resort by the Department or authority which are of a kind ordinarily provided by the Department or authority.

S. 12(2) amended by No. 9/2020 s. 390(Sch. 1 item 4).

(2) In subsection (1), public authority does not include a municipal council within the meaning of the Local Government Act 2020.

S. 12(3) amended by No. 9/2022 s. 14(1).

(3) Where any land within the vicinity of an alpine resort is managed under a relevant law, Alpine Resorts Victoria may enter into a written agreement or written arrangement with the person or public authority who manages that land for the provision of cross country trail systems on the land and for the use of the systems for cross country skiing.

(4) An agreement or arrangement under subsection (3) may apply any section of this Act or any provision of the regulations made under this Act to the land which is the subject of the agreement or arrangement, and any section or provision which is so applied is applied with all the necessary modifications and any additional modifications or deletions that are specified in the agreement or arrangement.

S. 12(5) amended by No. 9/2022 s. 14(2).

(5) Despite anything to the contrary in any other Act, the person or public authority managing the land which is the subject of an agreement or arrangement under subsection (3) may, by that agreement or arrangement, delegate to Alpine Resorts Victoria any of the powers or functions imposed on the person or public authority by or under any Act.

13 Contributions

S. 13(1) amended by Nos 24/2004 s. 5(a), 9/2022 s. 15(1).

(1) Alpine Resorts Victoria may fix an amount to be paid by any lessee of Crown lands or occupier of other lands within the resort as a contribution towards the costs incurred by Alpine Resorts Victoria in installing, supplying or maintaining all or any of the following services for the resort—

S. 13(1)(a) substituted by Nos 55/2021 s. 194, 9/2022 s. 15(2)(a).

(a) waste disposal, including for the provision of any municipal recycling service, municipal residual waste service, and municipal food organics and garden organics service, within the meaning of the Circular Economy (Waste Reduction and Recycling) Act 2021, in accordance with the provisions of that Act or any other Act;

(b) water supply;

(c) gas;

(d) drainage;

(e) sewerage;

(f) electricity;

(g) roads;

(h) fire protection;

S. 13(1)(i) amended by No. 24/2004 s. 5(b).

(i) snowmaking;

S. 13(1)(ia) inserted by No. 9/2022 s. 15(2)(b).

(ia) ski patrols;

S. 13(1)(j) inserted by No. 24/2004 s. 5(c).

(j) transport.

(2) A contribution may be—

(a) charged for a particular service or generally for a number of services or both; and

S. 13(2)(b) amended by No. 9/2022 s. 15(3).

(b) imposed as an annual charge or by any other method determined by Alpine Resorts Victoria; and

(c) liable to be paid in a particular case or by a particular class of persons or for a particular class of things.

S. 13(3) amended by No. 9/2022 s. 15(4).

(3) Alpine Resorts Victoria must cause notice of any amount fixed by Alpine Resorts Victoria under subsection (1) to be sent to the person required to pay the amount.

(4) A notice under subsection (3) must—

(a) be in the form approved by the Minister; and

(b) be sent by post.

(5) An amount payable under this section—

(a) is payable in the time and manner specified in the notice; and

S. 13(5)(b) amended by No. 9/2022 s. 15(5).

(b) may, in default of payment, be recovered as a debt due to Alpine Resorts Victoria.

S. 13(6) amended by No. 9/2022 s. 15(6).

(6) If there has been a default in the payment of an amount payable under this section, Alpine Resorts Victoria may recover interest, at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983, on that amount calculated from the time of the default.

Pt 3 (Headings and ss 14–33) amended by Nos 46/1998 s. 7(Sch. 1), 24/2004
ss 6–8, 108/2004 s. 117(1)
(Sch. 3 item 10.1), 80/2006 s. 26(Sch. item 3.1), substituted as Pt 3 (Headings and ss 14–47) by No. 9/2022 s. 16.

Part 3—Alpine Resorts Victoria

Division 1—Establishment and functions of Alpine Resorts Victoria

S. 14 substituted by No. 9/2022 s. 16.

14 Establishment of Alpine Resorts Victoria

(1) Alpine Resorts Victoria is established.

(2) Alpine Resorts Victoria—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

S. 15 substituted by No. 9/2022 s. 16.

15 Common seal of Alpine Resorts Victoria

(1) The common seal of Alpine Resorts Victoria—

(a) must be kept in custody as directed by Alpine Resorts Victoria; and

(b) must not be used except as authorised by Alpine Resorts Victoria.

(2) All courts must take judicial notice of the seal of Alpine Resorts Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

S. 16 substituted by No. 9/2022 s. 16.

16 Constitution and directorship of Board of Alpine Resorts Victoria

(1) Alpine Resorts Victoria has a Board of directors that consists of not fewer than 3 and not more than 9 directors appointed by the Minister by instrument.

(2) In appointing a person under subsection (1), the Minister must ensure that collectively the directors of the Board have skills, qualifications, knowledge and experience in relation to—

(a) alpine environments, activities and tourism; and

(b) financial management, commercial acumen or economic development; and

(c) natural resources management; and

(d) cultural knowledge and authority arising from experience as a traditional owner of land in alpine resorts; and

(e) environmental conservation; and

(f) public administration or governance.

S. 17 substituted by No. 9/2022 s. 16.

17 Alpine Resorts Victoria represents the Crown

In carrying out its functions and powers, Alpine Resorts Victoria represents the Crown.

S. 18 substituted by No. 9/2022 s. 16.

18 Alpine Resorts Victoria subject to direction and control of Minister

In carrying out its functions and powers, Alpine Resorts Victoria is subject to the general direction and control of the Minister.

S. 19 substituted by No. 9/2022 s. 16.

19 Ministerial directions

(1) The Minister may give directions to Alpine Resorts Victoria on the performance, discharge or exercise by it of its functions, duties or powers.

(2) The Minister may direct Alpine Resorts Victoria to expend or apply its revenue for any purpose (whether or not related to an alpine resort), being a purpose that is not inconsistent with the object of this Act.

(3) Alpine Resorts Victoria must comply with a direction under subsection (1) or (2) in carrying out its functions and powers.

(4) Alpine Resorts Victoria must publish in its annual report—

(a) a statement or summary of the contents of all directions given to it under this section; and

(b) a statement setting out the actions Alpine Resorts Victoria has undertaken to comply with each direction.

S. 20 substituted by No. 9/2022 s. 16.

20 Alpine Resorts Victoria is a public entity and a public body

(1) Alpine Resorts Victoria is a public entity for the purposes of the Public Administration Act 2004.

(2) Alpine Resorts Victoria is a public body for the purposes of the Financial Management Act 1994.

S. 21 substituted by No. 9/2022 s. 16.

21 Functions of Alpine Resorts Victoria

(1) The functions of Alpine Resorts Victoria are—

(a) to manage each alpine resort in accordance with the object of this Act and alpine resorts principles; and

(b) to develop the alpine resorts strategic plan; and

(c) to undertake other strategic planning that Alpine Resorts Victoria considers necessary to plan for the development, promotion, management and improvement of alpine resorts in accordance with the object of this Act and the alpine resorts principles; and

(d) to provide strategic tourism activities and marketing, taking into consideration the needs of each alpine resort; and

(e) to expend or apply revenue of Alpine Resorts Victoria; and

(f) to act as a committee of management of any Crown land as provided for in section 4; and

(g) to arrange for the provision of services for each alpine resort as Alpine Resorts Victoria deems necessary, including but not limited to the following—

(i) waste disposal, including the provision of municipal recycling services, municipal residual waste services, and municipal food organics and garden organics services, within the meaning of the Circular Economy (Waste Reduction and Recycling) Act 2021, in accordance with the provisions of that Act or any other Act;

(ii) water supply;

(iii) gas;

(iv) drainage;

(v) sewerage;

(vi) electricity;

(vii) roads;

(viii) fire protection;

(ix) snowmaking;

(x) ski patrols;

(xi) transport; and

(h) in accordance with section 13, to charge contributions for the services provided under paragraph (g); and

(i) to determine and collect fees for each alpine resort in accordance with the regulations; and

(j) to attract investment for the improvement of each alpine resort; and

(k) to advise the Minister on matters relating to these functions or powers or on any other matter referred to Alpine Resorts Victoria by the Minister; and

(l) to liaise with and encourage the co‑operation of all State and local government authorities, industries, communities and other persons involved in the development, promotion, management and use of alpine resorts; and

(m) to carry out any other function conferred on Alpine Resorts Victoria by or under this or any other Act.

(2) In relation to Mount Stirling Alpine Resort, Alpine Resorts Victoria must exercise its functions under subsection (1) subject to the following principles—

(a) that the resort must be planned for, developed, promoted and managed as a nature-based tourist, recreational and educational resource for all seasons of the year; and

(b) that there are not to be any ski lifts in the resort.

S. 22 substituted by No. 9/2022 s. 16.

22 Powers of Alpine Resorts Victoria

(1) Alpine Resorts Victoria may do anything necessary or convenient to enable it to carry out its functions.

(2) The general powers conferred on Alpine Resorts Victoria by this section are not limited by any other powers conferred on Alpine Resorts Victoria by this Act.

(3) For the purpose of carrying out its functions Alpine Resorts Victoria has the power to enter into contracts, agreements or arrangements and to carry them out.

(4) For the purposes of sections 14C, 14D and 14E of the Crown Land (Reserves) Act 1978, Alpine Resorts Victoria is taken to be an incorporated committee.

S. 23 substituted by No. 9/2022 s. 16.

23 Stakeholder consultative committees

(1) Alpine Resorts Victoria must appoint a stakeholder consultative committee for each alpine resort.

(2) Each stakeholder consultative committee must have members who represent persons whose interests Alpine Resorts Victoria considers are likely to be affected by the promotion, operation, management, development and use of the resort in respect of which the committee is appointed.

(3) The function of each stakeholder consultative committee is, for the resort in respect of which the committee is appointed, to give to Alpine Resorts Victoria the opinions and response of the community of that resort about—

(a) matters relating to the promotion, operation, management, development and use of the resort; and

(b) strategic matters affecting alpine resorts and surrounding communities; and

(c) the development of the alpine resorts strategic plan; and

(d) matters relating to contributions fixed under section 13 and fees.

Division 2—Terms of appointment of directors and procedure of Board

S. 24 substituted by No. 9/2022 s. 16.

24 Terms of appointment of directors other than chairperson or deputy chairperson

(1) A director holds office for the period, not exceeding 4 years, specified in the director's instrument of appointment.

(2) A director is eligible for re-appointment.

(3) The instrument of appointment of a director may specify terms and conditions of appointment, including any payment of remuneration or expenses.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director in respect of the office of director.

S. 25 substituted by No. 9/2022 s. 16.

25 Chairperson and deputy chairperson

(1) The Minister must appoint—

(a) one of the directors of the Board to be the chairperson of the Board; and

(b) one of the directors of the Board to be the deputy chairperson of the Board.

(2) If the chairperson is absent or unable to perform the duties of the chairperson, the deputy chairperson must act as chairperson and, while acting as chairperson, has all the powers and duties of the chairperson.

S. 26 substituted by No. 9/2022 s. 16.

26 Terms of appointment of chairperson and deputy chairperson

(1) A person appointed as chairperson or deputy chairperson holds that office for the period, not exceeding 4 years, specified in the person's instrument of appointment, and is eligible for re-appointment.

(2) The instrument of appointment of the chairperson or deputy chairperson of the Board may specify terms and conditions of appointment, including any payment of remuneration or expenses.

(3) A person appointed as chairperson or deputy chairperson ceases to hold that office on ceasing to be a director.

S. 27 substituted by No. 9/2022 s. 16.

27 Resignation and removal of directors

(1) A director may resign the office of director by notice in writing addressed to the Minister.

(2) The Minister may remove a director from office at any time.

(3) Without limiting subsection (2), the Minister may remove a director if—

(a) the Minister considers that the director is no longer suitable to hold office as a director; or

(b) the director—

(i) becomes incapable of performing the director's duties; or

(ii) is negligent in the performance of the director's duties; or

(iii) engages in improper conduct; or

(iv) fails to declare a pecuniary or other interest as required under section 81(1)(f) of the Public Administration Act 2004.

S. 28 substituted by No. 9/2022 s. 16.

28 Vacancies of a director's office

(1) The office of a director becomes vacant if the director—

(a) dies; or

(b) resigns in writing to the Minister; or

(c) is removed from office under section 27; or

(d) becomes insolvent under administration; or

(e) is convicted of—

(i) an indictable offence; or

(ii) an offence which, if committed in Victoria, would be an indicatable offence.

(2) The Minister may fill a vacant office in accordance with this Part.

S. 29 substituted by No. 9/2022 s. 16.

29 Fees and allowances

A director and a member of any committee appointed under section 34 is entitled to receive the fees, travelling and other allowances from time to time fixed by the Board in respect of that director or member.

S. 30 substituted by No. 9/2022 s. 16.

30 Validity of decisions of Board

An act or decision of the Board is not invalid only because—

(a) of a vacancy in the office of a director; or

(b) of a defect or irregularity in the appointment of any director; or

(c) in the case of an acting director, the occasion for that director so acting had not arisen or had ceased.

S. 31 substituted by No. 9/2022 s. 16.

31 Presiding at meetings of Board

The person who is to preside at a meeting of the Board is—

(a) the chairperson, if the chairperson is present; or

(b) the deputy chairperson, if the chairperson is absent; or

(c) if both the chairperson and the deputy chairperson are absent, a director elected to preside by the directors of the Board present at the meeting.

S. 32 substituted by No. 9/2022 s. 16.

32 Procedure of Board

(1) Subject to subsection (2), meetings of the Board are to be held at such times and places as the chairperson determines.

(2) The chairperson of the Board—

(a) may determine the times and places at which Board meetings are to be held; and

(b) may permit directors to participate in a particular meeting, or in all meetings, by—

(i) telephone; or

(ii) closed-circuit television; or

(iii) any other means of communication; and

(c) may at any time convene a meeting; and

(d) must convene a meeting when requested to do so by a director.

(3) A director who participates in a meeting under a permission under subsection (2)(b) is taken to be present at the meeting.

(4) A majority of the directors for the time being constitutes a quorum of the Board.

(5) A question arising at a meeting must be determined by a majority of votes of directors present and voting on that question and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote.

(6) The person presiding must ensure that minutes are kept of each of its meetings.

(7) The Board may otherwise regulate its own procedure.

S. 33 substituted by No. 9/2022 s. 16.

33 Disclosure of interest of director

(1) A director who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the Board must disclose the nature of that interest at a meeting of the Board as soon as possible after becoming aware of the interest.

(2) A director 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 director's duties as a director, must disclose that fact at a meeting of the Board as soon as possible after becoming aware of the potential conflict.

(3) The person presiding at a meeting at which a disclosure under this section is made must cause that disclosure to be recorded in the minutes of the meeting.

(4) A person who has made a disclosure under this section must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates.

(5) If a director votes on a matter in contravention of subsection (4), the director's vote must be disallowed.

S. 34 substituted by No. 9/2022 s. 16.

34 Committees of Board

(1) For the purposes of this Act, the Board may appoint any committees that it considers necessary to advise the Board and make recommendations to the Board on any matters that are or may come before the Board.

(2) A committee appointed under subsection (1) may consist of—

(a) any directors; and

(b) any other persons able to give expert advice to the committee.

(3) The Board may abolish a committee appointed under subsection (1).

(4) The Board may determine the procedure of a committee appointed under subsection (1).

S. 35 substituted by No. 9/2022 s. 16.

35 Delegation

(1) Alpine Resorts Victoria, by instrument, may delegate any of its functions or powers under this Act, the regulations or any other Act or regulations other than the following powers to one or more persons or classes of person specified in subsection (2)—

(a) this power of delegation;

(b) a power that Alpine Resorts Victoria has as a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978;

(c) the power to employ a chief executive officer, however described;

(d) the power to set contributions, fees and charges under this Act.

(2) For the purposes of subsection (1), the following persons are specified—

(a) a director;

(b) a committee appointed under section 34;

(c) the chief executive officer, an employee or a class of employee of Alpine Resorts Victoria;

(d) a person or a member of a class of person employed under the Public Administration Act 2004 in the administration of this Act or any other Act.

Division 3—Staffing and financial matters

S. 36 substituted by No. 9/2022 s. 16.

36 General Account

(1) Alpine Resorts Victoria must keep an account to be called the General Account.

(2) Alpine Resorts Victoria must ensure that there is paid into the General Account—

(a) all contributions, fees and charges received or recovered by Alpine Resorts Victoria under this Act or any other Act; and

(b) all other money received by Alpine Resorts Victoria or on Alpine Resorts Victoria's behalf.

(3) Alpine Resorts Victoria may pay money out of its General Account—

(a) to meet any expenses incurred in carrying out its functions or powers; and

(b) in paying or repaying money borrowed by it under this Act or the Crown Land (Reserves) Act 1978, together with any charges or interest on that money; and

(c) in paying remuneration or expenses to which the directors of the Board or staff of Alpine Resorts Victoria or any members of committees are entitled; and

(d) for any other purposes authorised by this Act or the Crown Land (Reserves) Act 1978.

(4) Subject to section 19, Alpine Resorts Victoria may expend or apply revenue in the General Account received or collected under this Act or any other Act in any manner it sees fit, despite anything to the contrary in section 15 of the Crown Land (Reserves) Act 1978.

S. 37 substituted by No. 9/2022 s. 16.

37 Appointment of chief executive officer

(1) Alpine Resorts Victoria may appoint a chief executive officer for Alpine Resorts Victoria.

(2) Alpine Resorts Victoria may appoint a person to act as chief executive officer for Alpine Resorts Victoria during any period when—

(a) the chief executive officer is absent from duty; or

(b) the chief executive officer is unable to perform the duties of chief executive officer; or

(c) there is a vacancy in the office of chief executive officer.

(3) A person who is appointed under subsection (2) has, for the duration of that appointment, all the powers and may perform all the duties of the chief executive officer.

(4) An appointment under this section is on the terms and conditions, including conditions as to remuneration, allowances and expenses, as are determined by Alpine Resorts Victoria.

(5) The chief executive officer is not eligible to be appointed as a director of the Board.

S. 38 substituted by No. 9/2022 s. 16.

38 Staff

Alpine Resorts Victoria may employ any persons it considers necessary to enable Alpine Resorts Victoria to perform its functions or duties or exercise its powers.

Division 4—Statement of obligations

S. 39 substituted by No. 9/2022 s. 16.

39 Minister may make statement of obligations

(1) The Minister may make a statement of obligations that sets out the obligations that Alpine Resorts Victoria must comply with in performing its functions and exercising its powers or duties.

(2) Without limiting subsection (1), a statement of obligations may include provisions relating to the following—

(a) governance arrangements;

(b) performance standards and outcomes;

(c) matters to be addressed in the alpine resorts strategic plan;

(d) management priorities for each alpine resort or land in an alpine resort;

(e) the implementation of government policies and strategies by Alpine Resorts Victoria;

(f) collaboration or consultation with other government and non-government bodies, traditional owners and the community.

(3) The Minister must give a copy of the statement of obligations to Alpine Resorts Victoria as soon as possible after it is made.

S. 40 substituted by No. 9/2022 s. 16.

40 Process for making a statement of obligations

(1) Before making a statement of obligations under this Division, the Minister must give Alpine Resorts Victoria notice of the proposal to make the statement.

(2) A notice under subsection (1) must set out—

(a) the substance of the proposed statement; and

(b) the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

S. 41 substituted by No. 9/2022 s. 16.

41 Publication and commencement of statement of obligations

(1) The Minister must publish the statement of obligations in the Government Gazette within 14 days after the making of the statement.

(2) Alpine Resorts Victoria must publish the statement of obligations on its Internet site.

(3) The statement of obligations comes into operation on the day on which it is published in the Government Gazette.

S. 42 substituted by No. 9/2022 s. 16.

42 Amendment or variation of statement of obligations

(1) The Minister may amend or vary a statement of obligations.

(2) Before amending or varying a statement of obligations, the Minister must give Alpine Resorts Victoria notice of the proposal to amend or vary the statement that sets out—

(a) the substance of the proposed amendment or variation; and

(b) the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

(3) Subsection (2) does not apply if the proposed amendment or variation is of a machinery, declaratory or minor technical nature.

(4) The Minister must give a copy of the amended or varied statement of obligations to Alpine Resorts Victoria as soon as possible after the amendment or variation is made.

S. 43 substituted by No. 9/2022 s. 16.

43 Publication and commencement of amended or varied statement of obligations

(1) The Minister must publish the amended or varied statement of obligations in the Government Gazette within 14 days of the making of the amendment or variation.

(2) Alpine Resorts Victoria must publish the amended or varied statement of obligations on its Internet site.

(3) The amended or varied statement of obligations comes into operation on the day on which it is published in the Government Gazette.

S. 44 substituted by No. 9/2022 s. 16.

44 Revocation of statement of obligations

(1) The Minister may revoke a statement of obligations.

(2) Before revoking a statement of obligations, the Minister must give Alpine Resorts Victoria notice of the proposal to revoke the statement that sets out—

(a) the substance of the statement that is proposed to be revoked; and

(b) the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

(3) The Minister must give Alpine Resorts Victoria a notice of revocation of the statement of obligations as soon as possible after the statement of obligations is revoked.

S. 45 substituted by No. 9/2022 s. 16.

45 Publication and commencement of revocation of statement of obligations

(1) The Minister must publish the notice of revocation of a statement of obligations in the Government Gazette within 14 days of the making of the notice.

(2) Alpine Resorts Victoria must publish notice of the revocation of a statement of obligations on its Internet site.

(3) The revocation of a statement of obligations comes into operation on the day on which notice of the revocation of the statement of obligations is published in the Government Gazette.

Division 5—Corporate plan

S. 46 substituted by No. 9/2022 s. 16.

46 Corporate planning documents of Alpine Resorts Victoria

(1) The Minister, in writing, may request Alpine Resorts Victoria to prepare a corporate planning document to provide to the Minister.

(2) If requested under subsection (1), Alpine Resorts Victoria must prepare and provide a corporate planning document to the Minister within any time specified by the Minister under this section.

(3) A request under subsection (1) must—

(a) specify the date by which the corporate planning document must be provided to the Minister; and

(b) specify the information to be included in the corporate planning document and the form in which the information must be provided.

(4) A corporate planning document may be amended at any time by Alpine Resorts Victoria with the approval of the Minister.

(5) The Minister, in writing, may direct Alpine Resorts Victoria to amend a corporate planning document at any time by including or omitting any specified information.

(6) Alpine Resorts Victoria must comply with a direction under subsection (5).

(7) The whole or any part of any corporate planning document must not be published or made available, except for the purposes of this Part, without the prior approval of the Minister.

S. 47 substituted by No. 9/2022 s. 16.

47 Alpine Resorts Victoria to notify Minister of significant affecting events

Alpine Resorts Victoria must immediately notify the Minister if it is of the opinion that matters have arisen that may prevent or significantly affect the achievement of—

(a) the objectives of Alpine Resorts Victoria under the corporate plan; or

(b) financial targets under the plan.

Pt 4 (Headings and ss 34–56) amended by 46/1998 s. 7(Sch. 1), 24/2004
ss 9–11, 14, 15, 108/2004 s. 117(1)
(Sch. 3 item 10.2), 80/2006 s. 26(Sch. item 3.2), 62/2016 s. 6, 55/2021 s. 195, substituted as Pt 4 (Headings and ss 48–56A) by No. 9/2022 s. 16.

Part 4—Alpine resorts strategic plan

Division 1—Making and endorsement of alpine resorts strategic plan

S. 48 substituted by No. 9/2022 s. 16.

48 Making of alpine resorts strategic plan

(1) Alpine Resorts Victoria must make a plan that—

(a) provides for the long-term strategic objectives for the alpine resorts and sets out the principles that are to be followed to achieve those objectives; and

(b) sets out the challenges to be faced by, and opportunities presented to, the alpine resorts; and

(c) identifies the priorities for the protection, management and use of each alpine resort; and

(d) sets out the actions that may be taken to—

(i) achieve the object of this Act and alpine resorts principles; and

(ii) implement the plan, including actions to be set out in strategic management plans for each alpine resort; and

(e) contains any matters specified by the Ministerial directions or statement of obligations; and

(f) sets out management plans for each alpine resort that comply with subsection (2).

(2) In the management plan for each alpine resort, Alpine Resorts Victoria must set out, in relation to the protection, management and use of the alpine resort, strategies to deal with the specific needs and characteristics of the resort.

(3) In making the plan under subsection (1), Alpine Resorts Victoria must comply with—

(a) any Ministerial directions; and

(b) any statement of obligations.

(4) The plan under subsection (1) must be consistent with—

(a) the object of this Act and the alpine resorts principles;

(b) the purposes for which any land is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978.

S. 49 substituted by No. 9/2022 s. 16.

49 Notice of making of alpine resorts strategic plan

Alpine Resorts Victoria must cause notice of the making of the plan under section 48 to be published within 14 days after the plan is made—

(a) in the Government Gazette; and

(b) on the Internet site of Alpine Resorts Victoria.

S. 50 substituted by No. 9/2022 s. 16.

50 Consultation before making the plan

(1) Before making a plan under section 48, Alpine Resorts Victoria must consult with—

(a) the stakeholder consultative committee appointed for each resort; and

(b) representatives of traditional owner groups; and

(c) any Minister or public authority whose area of responsibility Alpine Resorts Victoria considers is likely to be affected by the plan; and

(d) the municipal council of any municipal district that is adjacent to an alpine resort; and

(e) representatives of the holders of leases over land in the alpine resorts or of licences to use land in the alpine resorts; and

(f) any other persons or local organisations whose interests Alpine Resorts Victoria considers are likely to be affected by the plan.

S. 51 substituted by No. 9/2022 s. 16.

51 Consideration of plan by Minister

(1) On making a plan under section 48, Alpine Resorts Victoria must refer the plan to the Minister for consideration.

(2) The Minister must consider the plan referred under subsection (1) and, after consulting with the planning Minister, may—

(a) endorse the plan; or

(b) endorse the plan with any amendments the Minister considers appropriate; or

(c) refer the plan back to Alpine Resorts Victoria for further consideration.

S. 52 substituted by No. 9/2022 s. 16.

52 Publication of notice of alpine resorts strategic plan

(1) The Minister must cause notice of the endorsement of the alpine resorts strategic plan to be published in the Government Gazette as soon as practicable after it is endorsed under section 51.

(2) The alpine resorts strategic plan comes into operation on—

(a) the day on which notice under subsection (1) is published in the Government Gazette; or

(b) any later date stated in the plan.

(3) As soon as practicable after notice of the endorsement of the alpine resorts strategic plan is published in the Government Gazette under subsection (1), Alpine Resorts Victoria must publish a copy of the alpine resorts strategic plan—

(a) on its Internet site; and

(b) in the Government Gazette.

Note

See section 16A(2) of the Subordinate Legislation Act 1994.

Division 2—Review, amendment and revocation of alpine resorts strategic plan

S. 53 substituted by No. 9/2022 s. 16.

53 Review of alpine resorts strategic plan

(1) Alpine Resorts Victoria must review the alpine resorts strategic plan—

(a) at any time at the direction of the Minister; or

(b) if no direction is given, at the end of 5 years following the endorsement of the plan.

(2) Sections 49 to 52 apply to the review of the alpine resorts strategic plan under subsection (1)—

(a) as if the review were the making of the plan; and

(b) with any other necessary modifications.

S. 54 substituted by No. 9/2022 s. 16.

54 Amendment of alpine resorts strategic plan

(1) Alpine Resorts Victoria may substantively amend the alpine resorts strategic plan.

(2) Sections 49 to 52 apply to the making of an amendment under subsection (1) to the alpine resorts strategic plan—

(a) as if the making of the amendment were the making of the plan; and

(b) with any other necessary modifications.

S. 55 substituted by No. 9/2022 s. 16.

55 Minor amendment of plan

(1) In addition to section 54, Alpine Resorts Victoria may make amendments to the alpine resorts strategic plan that are of a machinery, declaratory or minor technical nature.

(2) As soon as practicable after making an amendment under subsection (1), Alpine Resorts Victoria must—

(a) publish notice of the making of the amendment and a copy of the amended plan on the Internet site of Alpine Resorts Victoria; and

(b) give written notice of the making of the amendment to the Minister.

S. 56 substituted by No. 9/2022 s. 16.

56 Minister may revoke alpine resorts strategic plan

(1) The Minister may revoke the alpine resorts strategic plan by notice in writing given to Alpine Resorts Victoria.

(2) Alpine Resorts Victoria must publish notice of a revocation under subsection (1) in the Government Gazette and on the Internet site of Alpine Resorts Victoria within 14 days of being notified of the revocation under subsection (1).

(3) A revocation under subsection (1) takes effect on the day on which notice is published under subsection (2).

S. 56A substituted by No. 9/2022 s. 16.

56A Land managers and other authorities to take alpine resorts strategic plan into account

(1) A person or body specified in subsection (2) must take all reasonable steps to give effect to the alpine resorts strategic plan when performing a function involving land management or land use planning that affects an alpine resort—

(a) on behalf of the Crown; or

(b) under an Act.

(2) For the purposes of subsection (1), the following entities are specified—

(a) a Minister;

(b) a public authority;

(c) a committee of management of reserved Crown land;

(d) a municipal council;

(e) Alpine Resorts Victoria.

Part 5—Miscellaneous

57 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the protection, management and control of alpine resorts;

(b) prohibiting or regulating the entry into alpine resorts or parts of alpine resorts by persons, vehicles or vessels and the landing in resorts of helicopters or other aircraft and prescribing the periods during which persons, vehicles, vessels, helicopters or other aircraft may remain in alpine resorts;

(c) prohibiting or regulating the places in alpine resorts in which vehicles may be parked or left standing and the period during which they may be so parked or left standing;

(d) setting aside areas in alpine resorts for public use and—

(i) prohibiting or regulating the nature of the use of any such area;

(ii) prescribing measures to be taken for the safety of persons using any such area;

(e) prohibiting or regulating the bringing into or having or using firearms or other offensive weapons in alpine resorts;

(f) prohibiting or regulating the conduct of any events, sports, games or other similar activities in alpine resorts;

(g) prohibiting or regulating persons bringing animals into alpine resorts or keeping or having animals in alpine resorts;

(h) regulating the installation, operation and use of ski lifts in alpine resorts;

(i) prohibiting or regulating camping and the lighting of fires in alpine resorts and fixing fees for such camping;

S. 57(1)(j) substituted by No. 9/2022 s. 17.

(j) the imposition, collection and receipt of fees or other charges for or in respect of the following—

(i) entry into any alpine resort or any specified part of an alpine resort by any persons, animals, vehicles, boats or aircraft;

(ii) use of any improvements, services or facilities in any alpine resort (including carparks);

(iii) access and use of any land in any alpine resort;

S. 57(1)(k) substituted by No. 9/2022 s. 17.

(k) in relation to fees imposed under paragraph (j)—

(i) fixing annual fees or fees by reference to a shorter period; or

(ii) waiving or reducing any requirement to pay a fee; or

(iii) fixing fees by reference to a class of person or thing;

S. 57(1)(l)(m) repealed by No. 9/2022 s. 17.

(n) the carriage and fixing of wheel chains in alpine resorts;

S. 57(1)(na) inserted by No. 24/2004 s. 12.

(na) the removal of vehicles (by means of lifting and carrying, or towing) that obstruct—

(i) roads in any resort; or

(ii) rights of way in any resort; or

(iii) any other places in any resort that are open to access, by vehicle, by the public or employees or agents of a Board—

to any other part of the resort, including—

(iv) the empowering of authorised officers to so remove vehicles or cause vehicles to be so removed; and

(v) the impounding of vehicles so removed until the payment of fees prescribed under this paragraph; and

(vi) the prescribing of fees to be paid, representing the reasonable costs of any such removal and any such impounding of vehicles;

(o) 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.

(2) The regulations made under this Act may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(c) confer discretions or powers or impose duties on any specified person or specified class of persons; and

(d) impose specific minimum or maximum fees and provide for the waiver or reduction of fees; and

(e) impose penalties, not exceeding 20 penalty units, for contravention of the regulations.

Pt 5A (Heading and ss 57A–57E) inserted by No. 81/2006 s. 61.

Part 5A—Mount Hotham Village Road Project

S. 57A inserted by No. 81/2006 s. 61.

57A Definitions

In this Part—

designated area means the land shown hatched on the plan in the Schedule;

road project area means the land that becomes the road project area under section 57B(3).

S. 57B inserted by No. 81/2006 s. 61.

57B Road project area

(1) The Minister—

(a) on receiving a plan, signed by the Surveyor-General, of land that is within the designated area; and

(b) on being satisfied that the land shown on the plan represents the land that is to be the road project area—

may recommend to the Governor in Council that the land be determined to be the road project area.

(2) On receiving the Minister's recommendation under subsection (1), the Governor in Council may, by Order published in the Government Gazette, declare the land to be the road project area.

(3) On the publication of an Order under subsection (2), the land becomes the road project area.

S. 57C (Heading) amended by No. 49/2019 s. 186(Sch. 2 item 2.4).

S. 57C inserted by No. 81/2006 s. 61.

57C Power of the Head, Transport for Victoria to enter into agreement as to property in the road project area

S. 57C(1) amended by Nos 49/2019 s. 186(Sch. 4 items 2.5, 2.6), 9/2022 s. 18(1).

(1) The Head, Transport for Victoria may enter into an agreement with Alpine Resorts Victoria as to the management or use of or access to any personal property of the Head, Transport for Victoria that is on land in the road project area.

(2) An agreement under subsection (1)—

(a) must be in writing; and

(b) may be for any term not exceeding 99 years; and

S. 57C(2)(c) amended by No. 9/2022 s. 18(2).

(c) may provide for any rights or obligations under the agreement to be assigned by Alpine Resorts Victoria to another person and for further assignments of any such rights or obligations, with the consent of Alpine Resorts Victoria.

S. 57C(3) amended by No. 49/2019 s. 186(Sch. 4 item 2.7).

(3) The power to enter into an agreement under this section is in addition to any other powers of the Head, Transport for Victoria and must not be taken to derogate from those powers.

S. 57D (Heading) amended by No. 9/2022 s. 19(1).

S. 57D inserted by No. 81/2006 s. 61.

57D Powers of Alpine Resorts Victoria to enter into agreements as to property in the road project area

S. 57D(1) amended by No. 9/2022 s. 19(2)(a).

(1) If—

S. 57D(1)(a) amended by Nos 49/2019 s. 186(Sch. 4 item 2.8), 9/2022 s. 19(2)(a).

(a) Alpine Resorts Victoria has entered into an agreement with the Head, Transport for Victoria under section 57C; and

S. 57D(1)(b) amended by No. 9/2022 s. 19(2)(b).

(b) the agreement that Alpine Resorts Victoria has entered into provides for the assignment of any rights or obligations under the agreement—

Alpine Resorts Victoria may enter into an agreement for any such assignment.

(2) An agreement under subsection (1)—

(a) must be in writing; and

(b) may be for any term not exceeding 99 years; and

(c) may provide for further assignment of any rights conferred or obligations imposed under the agreement.

S. 57D(3) amended by No. 9/2022 s. 19(3).

(3) The power to enter into an agreement under this section is in addition to any other powers of Alpine Resorts Victoria and must not be taken to derogate from those powers.

S. 57E inserted by No. 81/2006 s. 61, amended by No. 9/2022 s. 20.

57E Agreement as to further assignment

Any agreement for the assignment of any rights conferred or obligations imposed under an agreement under section 57D must not be entered into unless the consent of Alpine Resorts Victoria has first been obtained to the entering into of that agreement.

Part 6—Transitional arrangements and amendments of other Acts

Pt 6 Div. 1 (Heading and ss 58–65) amended by No. 50/2000 s. 13, substituted as Pt 6 Div. 1 (Heading and ss 58–68) by No. 9/2022 s. 21.

Division 1—Transitional provisions—Alpine Resorts Legislation Amendment Act 2022

S. 58 substituted by No. 9/2022 s. 21.

58 Definitions

In this Division—

Alpine Resorts Co-ordinating Council means the Alpine Resorts Co-ordinating Council established under this Act immediately before the commencement day;

commencement day means the day on which section 16 of the 2022 Act comes into operation;

municipal emergency management plan has the same meaning as in section 3 of the Emergency Management Act 2013;

Municipal Emergency Management Planning Committee has the same meaning as in section 3 of the Emergency Management Act 2013;

new body, in relation to emergency management in an alpine resort, means the person or body that is taken to be the municipal council in relation to that resort under section 5, as amended by the 2022 Act;

old Board means an Alpine Resort Management Board established under this Act immediately before the commencement day;

transferred employee means an employee of an old Board who is taken to be an employee of Alpine Resorts Victoria in accordance with section 60(1);

transferred executive employee means an executive employee of an old Board who is taken to be an employee of Alpine Resorts Victoria under section 61(1);

2022 Act means the Alpine Resorts Legislation Amendment Act 2022.

S. 59 substituted by No. 9/2022 s. 21.

59 Transitional arrangements for Alpine Resort Management Boards

(1) On the commencement day—

(a) the old Boards are abolished; and

(b) all members of the old Boards go out of office.

(2) On and from the commencement day—

(a) Alpine Resorts Victoria is the successor in law of each old Board for the purposes of any matter; and

(b) all property, rights and assets of each old Board immediately before its abolition become property, rights and assets of Alpine Resorts Victoria; and

(c) all liabilities, debts and obligations of each old Board immediately before its abolition become liabilities, debts and obligations of Alpine Resorts Victoria; and

(d) Alpine Resorts Victoria is substituted as a party to any proceeding pending in any court or tribunal to which an old Board was a party immediately before the commencement day; and

(e) Alpine Resorts Victoria is substituted as a party to any contract or arrangement entered into by or on behalf of an old Board that was in force immediately before the commencement day.

(3) Any reference to an old Board (however described) in any Act, proclamation, subordinate instrument, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, is taken to be a reference to Alpine Resorts Victoria.

(4) Without limiting this section, on and from the commencement day, any contributions fixed under section 13 and required to be paid to a Board are taken to be contributions fixed by Alpine Resorts Victoria under section 13 as amended by the 2022 Act and are payable to Alpine Resorts Victoria accordingly.

S. 60 substituted by No. 9/2022 s. 21.

60 Transfer of non-executive staff from Alpine Resort Management Boards to Alpine Resorts Victoria

(1) On and from the commencement day, a person is taken to be an employee of Alpine Resorts Victoria if the person was an employee of an old Board immediately before the commencement day.

(2) This section does not apply to an executive employee to whom section 61 applies.

(3) A transferred employee is taken to—

(a) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old Board immediately before the commencement day; and

(b) have accrued an entitlement to benefits in connection with the employment with Alpine Resorts Victoria that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day.

(4) The service of a transferred employee with Alpine Resorts Victoria is taken to be continuous with the service of the transferred employee as an employee of the old Board that ceased immediately before the commencement day.

(5) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old Board because of the operation of this Division.

S. 61 substituted by No. 9/2022 s. 21.

61 Transfer of executive staff from Alpine Resort Management Boards to Alpine Resorts Victoria

(1) On and from the commencement day, a person who was an executive employee of an old Board and who, immediately before the commencement day, was remunerated as an executive in accordance with any policy as to the remuneration of executives made under an order under section 92 of the Public Administration Act 2004, is taken to be an executive employee of Alpine Resorts Victoria.

(2) Subject to subsection (3), a transferred executive employee is taken to—

(a) be employed on the same terms and conditions as the transferred executive employee had under the transferred executive employee's employment with the old Board immediately before the commencement day; and

(b) have accrued an entitlement to benefits in connection with the employment with the Alpine Resorts Victoria that is equivalent to the entitlement that the transferred executive employee had accrued, as an executive employee of the old Board, immediately before the commencement day.

(3) Nothing in this section requires a transferred executive employee to be transferred to a role with the same functions, duties or powers or position, role or title that the person had immediately before the commencement day.

(4) The service of a transferred executive employee with Alpine Resorts Victoria is taken to be continuous with the service of the transferred executive employee as an employee of the old Board that ceased immediately before the commencement day.

(5) A transferred executive employee is not entitled to receive any payment or other benefit merely because the transferred executive employee ceased to be an executive employee of the old Board because of the operation of this Division.

S. 62 substituted by No. 9/2022 s. 21.

62 Transitional arrangements for Alpine Resorts Co-ordinating Council

(1) On the commencement day, the Alpine Resorts Co-ordinating Council is abolished.

(2) On and from the commencement day—

(a) the Secretary is the successor in law of the Alpine Resorts Co-ordinating Council for the purposes of any matter; and

(b) all property, rights and assets of the Alpine Resorts Co-ordinating Council immediately before its abolition become property, rights and assets of the Secretary; and

(c) all liabilities, debts and obligations of the Alpine Resorts Co-ordinating Council immediately before its abolition become liabilities, debts and obligations of the Secretary; and

(d) the Secretary is substituted as a party to any proceeding pending in any court or tribunal to which the Alpine Resorts Co-ordinating Council was a party immediately before the commencement day; and

(e) the Secretary is substituted as a party to any contract or arrangement entered into by or on behalf of the Alpine Resorts Co-ordinating Council that was in force immediately before the commencement day; and

(f) the members of the Alpine Resorts Co‑ordinating Council go out of office.

(3) Any reference to the Alpine Resorts Co‑ordinating Council in any Act, proclamation, subordinate instrument, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, is taken to be a reference to the Secretary.

(4) All obligations of the accountable officer of the Alpine Resorts Co-ordinating Council under the Financial Management Act 1994 existing immediately before the commencement day become the obligations of the Secretary as an accountable officer under that Act.

New s. 63 inserted by No. 9/2022 s. 21.

63 Transitional arrangements for Alpine Resorts Strategic Plan

(1) Subject to subsection (2), the Alpine Resorts Strategic Plan that was in force immediately before the commencement day is taken on and from that day to be the alpine resorts strategic plan made under Part 4 (as in force on and from the commencement day) and may be reviewed, amended or revoked in accordance with that Part.

(2) An alpine resorts strategic plan must be made under this Act as amended by section 16 of the 2022 Act within 3 years of the commencement of that section.

New s. 64 inserted by No. 9/2022 s. 21.

64 Transitional arrangements for Strategic Management Plans

On and from the commencement day, a Strategic Management Plan for an alpine resort that was in force immediately before that day is taken to be a management plan for that resort forming part of the alpine resorts strategic plan in accordance with Part 4 and may be reviewed, amended or revoked as part of the alpine resorts strategic plan in accordance with that Part.

New s. 65 inserted by No. 9/2022 s. 21.

65 Transitional provision—Municipal Emergency Management Planning Committees and other matters

(1) On and from the commencement day, a Municipal Emergency Management Planning Committee, in office in respect of an alpine resort immediately before that day, is taken to continue to be the Municipal Emergency Management Planning Committee for that resort, and the chairperson is taken to continue to be the chairperson of that Committee, until the new body appoints another Municipal Emergency Management Planning Committee in respect of that resort.

(2) The new body for an alpine resort must appoint another Municipal Emergency Management Planning Committee in respect of that resort as soon as practicable after the commencement day.

(3) On and from the commencement day, the appointment of a person as a municipal emergency management officer under section 59G of the Emergency Management Act 2013, in respect of an alpine resort, that is in force immediately before that day, is taken to continue in force until the new body appoints a person under that section.

(4) On and from the commencement day, the appointment of a person as a municipal recovery manager under section 59H of the Emergency Management Act 2013, in respect of an alpine resort, that is in force immediately before that day, is taken to continue in force until the new body appoints a person under that section.

S. 66 substituted by Nos 24/2004 s. 16, 9/2022 s. 21.

66 Transitional arrangements for municipal emergency management plans

(1) On and from the commencement day, a municipal emergency management plan that was prepared by a Municipal Emergency Management Planning Committee appointed in respect of an alpine resort and that was in force immediately before that day is taken to continue in operation until the Municipal Emergency Management Planning Committee, the appointment of which is referred to in section 65, makes another municipal emergency management plan.

(2) The Municipal Emergency Management Planning Committee, the appointment of which is referred to in section 65, must make a new municipal emergency management plan as soon as practicable after its appointment.

S. 67 substituted by Nos 24/2004 s. 16, 9/2022 s. 21.

67 Things done or commenced by an Alpine Resort Management Board as a road authority before commencement day

(1) Anything done by an Alpine Resort Management Board in the performance of a function or duty, or exercise of a power, under the Road Management Act 2004 as a road authority before the commencement day is taken to have been done by Alpine Resorts Victoria.

(2) If an old Board has, as a road authority under the Road Management Act 2004, commenced to do a thing in the performance of a function or duty, or exercise of a power and has not completed that thing before the commencement day, Alpine Resorts Victoria must complete that thing.

S. 68 substituted by Nos 24/2004 s. 16, 9/2022 s. 21.

68 Appointment of first stakeholder consultative committee

Alpine Resorts Victoria must appoint a stakeholder consultative committee for each alpine resort no later than 12 months after the commencement day.

Pt 6 Div. 2 (Heading and ss 66–75) amended by No. 50/2000 s. 13, substituted as Pt 6 Div. 2 (Heading and ss 66–68) by No. 24/2004 s. 16, repealed by No. 9/2022 s. 21.

Pt 6 Div. 3 (Heading and ss 69–71) amended by No. 24/2004 s. 16, repealed by No. 9/2022 s. 21.

Pt 6 Div. 4 (Heading and ss 72–75) inserted by No. 17/2013 s. 6.

Division 4—Transitional arrangements for Falls Creek Alpine Resort

New s. 72 inserted by No. 17/2013 s. 6.

72 Definitions

In this Division—

2013 Act means the Alpine Resorts and National Parks Acts Amendment Act 2013;

Kiewa Scheme Lease means the lease granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over land that includes Crown Allotment 9B, Parish of Darbalang, as shown on survey plan CP117712A, and Crown Allotments 9F and 9G, Parish of Darbalang, as shown on survey plan CP118367, with a commencement date of 18 December 1997;

Northern Foreshore Lease means the lease entitled "Northern Foreshore of Part Rocky Valley Reservoir"—

(a) granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over Crown Allotments 9H and 9J, Parish of Darbalang, as shown on survey plan CP118367, with a commencement date of 18 December 1997; and

(b) continued in force as a lease granted under the National Parks Act 1975 on and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000.

Note

Section 9(2) of the National Parks (Amendment) Act 2000 commenced on 25 January 2001.

New s. 73 inserted by No. 17/2013 s. 6.

73 Land added to Falls Creek Alpine Resort ceases to be national park

On and from the commencement of the 2013 Act, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n ceases to be part of the Alpine National Park within the meaning of the National Parks Act 1975.

New s. 74 inserted by No. 17/2013 s. 6.

74 Continuation of Kiewa Scheme Lease

(1) On and from the commencement of the 2013 Act, the Kiewa Scheme Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n, as if it were a lease granted under this Act.

(2) Nothing in subsection (1) affects the operation of the Kiewa Scheme Lease to the extent that it applies to land other than the land referred to in subsection (1).

New s. 75 inserted by No. 17/2013 s. 6.

75 Continuation of Northern Foreshore Lease

(1) On and from the commencement of the 2013 Act, the Northern Foreshore Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n, as if it were a lease granted under this Act.

(2) Nothing in subsection (1) affects the operation of the Northern Foreshore Lease to the extent that it applies to land other than the land referred to in subsection (1).

Pt 6 Div. 5 (Heading and ss 76–78) inserted by No. 62/2016 s. 7, repealed by No. 9/2022 s. 22.

Pt 6 Div. 6 (Heading and s. 79) inserted by No. 36/2018 s. 92, amended by No. 36/2018 s. 79(3), repealed by No. 9/2022 s. 22.

Sch. inserted by No. 81/2006 s. 62.

Schedule

551803

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.

Minister's second reading speech—

Legislative Assembly: 30 October 1997

Legislative Council: 19 November 1997

The long title for the Bill for this Act was "A Bill to make provision for the establishment of an Alpine Resorts Co-ordinating Council and six Alpine Resort Management Boards, to make provision for the management of alpine resorts, to amend the Alpine Resorts Act 1983, to make related amendments to other Acts and for other purposes."

The Alpine Resorts (Management) Act 1997 was assented to on 9 December 1997 and came into operation as follows:

Sections 1, 2, 60 on 9 December 1997: section 2(1); sections 3, 9–11, 63–65, 68, 73 on 16 December 1997: Special Gazette (No. 159) 16 December 1997 page 1; rest of Act on 30 April 1998: Government Gazette 30 April 1998 page 926.

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 (Management) Act 1997 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Environment Protection (Enforcement and Penalties) Act 2000, No. 49/2000

National Parks (Amendment) Act 2000, No. 50/2000

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Road Management Act 2004, No. 12/2004

Alpine Resorts (Management) (Amendment) Act 2004, No. 24/2004

Public Administration Act 2004, No. 108/2004

Transfer of Land (Alpine Resorts) Act 2006, No. 39/2006

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Traditional Owner Settlement Act 2010, No. 62/2010

Statute Law Revision Act 2012, No. 43/2012

Alpine Resorts and National Parks Acts Amendment Act 2013, No. 17/2013

Environment Protection and Sustainability Victoria Amendment Act 2014, No. 20/2014

Alpine Resorts Legislation Amendment Act 2016, No. 62/2016

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Transport Legislation Amendment Act 2019, No. 49/2019

Local Government Act 2020, No. 9/2020

Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021

Alpine Resorts Legislation Amendment Act 2022, No. 9/2022

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3 Explanatory details

No entries at date of publication.