(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 of Central Plan Office amended by No. 24/2004 s. 4(b), substituted by No. 62/2016 s. 4, repealed by No. 53/2017 s. 69.
Section 1B - Alpine Resorts (Management) Act 1997 - Object of this Act | Zoe
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 of Council repealed by No. 9/2022 s. 6(2).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.