Catchment and Land Protection Act 1994

Part 1—Preliminary

1 Purposes

The following are the purposes of this Act—

(a) to set up a framework for the integrated management and protection of catchments;

(b) to encourage community participation in the management of land and water resources;

(c) to set up a system of controls on noxious weeds and pest animals;

(d) to repeal and amend various Acts concerning catchment and land management.

2 Commencement

(1) Section 1 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 within the period of 6 months beginning with and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

S. 3 amended by No. 12/2008 s. 73(1)(Sch. 1 item 5.2) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

S. 3(1) def. of Aboriginal person inserted by No. 23/2019 s. 118(2).

Aboriginal person has the same meaning as the Aboriginal Heritage Act 2006;

S. 3(1) def. of Adminis-trative Appeals Tribunal repealed by No. 52/1998
s. 311(Sch. 1 item 12.1).

S. 3(1) def. of animal inserted by No. 48/2010 s. 3.

animal means any animal (other than a human being), whether vertebrate or not, and includes—

(a) mammals, birds, insects, reptiles, amphibians, fish, crustaceans and molluscs; and

(b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and

(c) any other prescribed form of animal life, whether prescribed by reference to a species or in any other way;

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 77.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of approved roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).

approved roadside weed and pest animal management plan means the roadside weed and pest animal management plan approved by the Minister under section 22G;

S. 3(1) def. of authorised officer substituted by No. 68/2016 s. 159.

authorised officer means a person appointed to be an authorised officer for the purposes of this Act under—

(a) Part 9 of the Conservation, Forests and Lands Act 1987; or

(b) Part 3 of the Victorian Fisheries Authority Act 2016;

S. 3(1) def. of Authority inserted by No. 39/1998
s. 3(a), substituted by No. 48/2021 s. 118(2).

Authority means the following—

(a) a Catchment Management Authority established under Part 2;

(b) Melbourne Water Corporation;

S. 3(1) def. of Board repealed by No. 39/1998
s. 3(c).

catchment means an area which, through run-off or percolation, contributes to the water in a stream or stream system;

catchment management means the co-ordinated management of land and water resources, using catchments as a basis;

controlled pest animal means a controlled pest animal under Part 8;

S. 3(1) def. of Council amended by No. 39/1998
s. 3(b), repealed by No. 48/2021 s. 109.

Crown land has the same meaning as in the Conservation, Forests and Lands Act 1987 and includes land of the Crown managed by the Minister or the Secretary;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 6.

declared area has the same meaning as in the Planning and Environment Act 1987;

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

S. 3(1) def. of determination of native title inserted by No. 23/2019 s. 118(2).

determination of native title has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;

S. 3(1) def. of directions notice inserted by No. 67/2006

directions notice means a notice under section 70B;

S. 3(1) def. of domestic partner inserted by No. 85/2006 s. 149, substituted by No. 12/2008 s. 73(1)(Sch. 1 item 5.1).

domestic partner of a person in sections 18H and 18L means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of emergency inserted by No. 51/2013 s. 4(2).

emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986;

established pest animal means an established pest animal under Part 8;

farm animal means an animal farmed commercially for its meat, its skin or anything else produced by it;

function includes duty and power;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 77.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 77.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 77.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 77.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 7.1(a)).

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

S. 3(1) def. of land amended by No. 63/2006 s. 61(Sch. item 5.1).

land includes soil, water, vegetation and fauna on land but excludes a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 and petroleum;

land degradation means—

(a) a decline in the quality or productive capacity of land; or

(b) the infestation of land by noxious weeds or pest animals;

land management notice, except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part;

S. 3(1) def. of land owner amended by Nos 35/1998
s. 12(1), 85/1998 s. 24(Sch. item 8), 12/2004 s. 151(1), 51/2013 s. 4(1), 49/2019 s. 186(Sch. 4 item 7.1(b)).

land owner means—

(a) the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958; or

(b) the owner in fee simple of land alienated by the Crown and—

(i) in an identified folio under the Transfer of Land Act 1958; or

(ii) not under the Transfer of Land Act 1958—

and not mortgaged; or

(c) a person who has the equity of redemption in land alienated by the Crown and mortgaged and—

(i) in an identified folio under the Transfer of Land Act 1958; or

(ii) not under the Transfer of Land Act 1958; or

(e) the occupier, under a lease, licence or other right, of Crown land; or

(f) the Head, Transport for Victoria, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004; or

(g) the Director within the meaning of the National Parks Act 1975, for Crown land in a national park or park within the meaning of that Act; or

(ga) the municipal council, if the land is a municipal road in the municipal district of that municipal council; or

(h) for Crown land that is not referred to in paragraphs (e) to (ga) and that is managed by a Minister or public authority, that Minister or public authority;

land protection means measures intended to maintain or enhance the quality or productive capacity of land or protect it from infestation by pest animals or noxious weeds;

land use condition means a condition imposed under Division 3 of Part 4;

S. 3(1) def. of Melbourne Water Corporation inserted by No. 23/2019 s. 118(1).

Melbourne Water Corporation has the same meaning as in the Water Act 1989;

S. 3(1) def. of municipal council inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).

municipal council has the same meaning as Council in section 3(1) of the Local Government Act 2020;

S. 3(1) def. of municipal district inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

S. 3(1) def. of municipal road inserted by No. 51/2013 s. 4(2).

municipal road has the same meaning as in section 3(1) of the Road Management Act 2004;

S. 3(1) def. of native title holder inserted by No. 23/2019 s. 118(2).

native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

S. 3(1) def. of nominated officer inserted by No. 85/2006 s. 149.

nominated officer means each senior officer of an Authority who is nominated by the board of an Authority;

noxious weed means—

(a) a State prohibited weed; or

(b) a regionally prohibited weed; or

(c) a regionally controlled weed; or

(d) a restricted weed;

pest animal means—

(a) a restricted pest animal; or

(b) an established pest animal;

S. 3(1) def. of Pest Animal Advisory Committee repealed by No. 39/1998
s. 3(c).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 13.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Port Phillip and Westernport Region inserted by No. 48/2021 s. 118(1).

Port Phillip and Westernport Region means the area determined by the Governor in Council under section 10(1)(a) to be the catchment and land protection region known as the Port Phillip and Westernport Region, as varied by variations under section 10(1)(b) (if any);

primary production means agriculture, apiculture, aquaculture, forestry or horticulture;

S. 3(1) def. of priority area inserted by No. 67/2006

priority area means an area declared to be a priority area under section 47A;

S. 3(1) def. of priority area notice inserted by No. 67/2006

priority area notice means a notice under section 47A;

prohibited pest animal means a prohibited pest animal under Part 8;

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

S. 3(1) def. of recognition and settlement agreement inserted by No. 23/2019 s. 118(2).

recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;

region means a catchment and land protection region under Part 2;

regional catchment strategy means a regional catchment strategy under Division 1 of Part 4;

regionally controlled weed means a regionally controlled weed under Part 8;

regionally prohibited weed means a regionally prohibited weed under Part 8;

regulated pest animal means a regulated pest animal under Part 8;

S. 3(1) def. of relative inserted by No. 85/2006 s. 149.

relative has the same meaning as in the Water Act 1989;

restricted pest animal means—

(a) a prohibited pest animal; or

(b) a controlled pest animal; or

(c) a regulated pest animal;

restricted weed means a restricted weed under Part 8;

S. 3(1) def. of return period inserted by No. 85/2006 s. 149.

return period, in relation to the ordinary return of a member of the Authority or a nominated officer in section 18L, means—

(a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or

(b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;

road includes—

(a) public highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not; and

(b) land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958;

roadside means—

(a) if a road is sealed, formed or graded, the area between the made surface of the road and the boundary of the land adjoining the road; or

(b) in the case of an unmade road on land alienated in fee simple by the Crown or Crown land occupied under a lease or licence, the land so alienated or occupied; or

(c) in the case of an unmade road on Crown land not occupied under a lease or licence, the half width of the road;

S. 3(1) def. of roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).

roadside weed and pest animal management plan means the plan referred to in section 22A;

Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;

sell includes any of the following—

(a) barter or exchange;

(b) agree to sell or offer or expose for sale;

(c) receive for sale;

(d) have in possession for sale;

(e) send, forward or deliver for sale;

(f) advertise for sale;

(g) sell for re-sale;

(h) cause, permit or attempt any of the acts or things mentioned in paragraphs (a) to (g);

(i) give away;

special area plan means a special area plan under Division 2 of Part 4;

special water supply catchment area means land declared to be a special water supply catchment area under Division 2 of Part 4;

S. 3(1) def. of specified Aboriginal party inserted by No. 23/2019 s. 118(2).

specified Aboriginal party, in relation to an area, means any of the following—

(a) if there are native title holders for the whole or part of the area, the native title holders;

(b) if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement, the traditional owner group entity;

(c) if there is a registered Aboriginal party within the meaning of the Aboriginal Heritage Act 2006 for the whole or part of the area, the registered Aboriginal party;

State prohibited weed means a State prohibited weed under Part 8;

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 6.

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of subordinate instrument inserted by No. 85/2006 s. 149.

subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984;

S. 3(1) def. of traditional owner group entity inserted by No. 23/2019 s. 118(2).

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

water resources means the quality, quantity, or rate of flow, of water;

S. 3(1) def. of waterway amended by No. 49/2017 s. 69(1).

waterway has the same meaning as in the Water Act 1989;

S. 3(1) def. of waterway management district inserted by No. 23/2019 s. 118(1).

waterway management district has the same meaning as in the Water Act 1989;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 69(2).

Yarra protection principles has the
same meaning as in the Yarra River Protection (Wilip-gin Birrarung
murron) Act 2017;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 69(2).

Yarra River land has the same meaning
as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 69(2).

Yarra Strategic Plan has the same meaning as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 69(2).

Yarra Strategic Plan area has the same
meaning as in the Yarra River
Protection (Wilip-gin Birrarung
murron) Act 2017.

S. 3(2) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 5.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

4 Objectives of Act

The following are the objectives of this Act—

(a) to establish a framework for the integrated and co-ordinated management of catchments which will—

(i) maintain and enhance long-term land productivity while also conserving the environment; and

(ii) aim to ensure that the quality of the State's land and water resources and their associated plant and animal life are maintained and enhanced;

(b) to establish processes that can be used to assess the condition of the State's land and water resources and the effectiveness of land protection measures;

S. 4(c) amended by No. 23/2019 s. 119.

(c) to establish processes to encourage and support participation of land holders, resource managers, specified Aboriginal parties and other members of the community in catchment management and land protection;

S. 4(ca) inserted by No. 48/2021 s. 110(1).

(ca) to provide for the establishment of advisory committees;

S. 4(d) substituted by No. 39/1998
s. 4, amended by No. 48/2021 s. 110(2).

(d) to establish and support the operation of the Catchment Management Authorities;

(e) to provide for the control of noxious weeds and pest animals.

5 Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Part 2—Catchment and land protection advisory system

Pt 2 Div. 1 (Heading and ss 6–9) substituted as Pt 2 Div. 1 (Heading and ss 6–9A) by No. 39/1998
s. 5, amended by Nos 39/1998 s. 5, 23/2019 s. 120, repealed by No. 48/2021 s. 111.

Pt 2 Div. 1A (Heading and ss 9B–9J) inserted by No. 39/1998
s. 5, amended by Nos 108/2004 s. 117(1) (Sch. 3 item 26.1), 80/2006 s. 26(Sch. item 8.1), repealed by No. 48/2021 s. 111.

Pt 2 Div. 2 (Heading) substituted by Nos 61/2003 s. 4, 85/2006 s. 150(1).

Division 2—Catchment and land protection regions

10 Areas and boundaries of catchment and land protection regions

(1) The Governor in Council, on the recommendation of the Minister, may by Order—

(a) determine the areas of Victoria which are catchment and land protection regions and define their boundaries; or

(b) vary the boundaries of an existing region; or

(c) abolish a region.

(2) The Minister must cause a copy of an Order under subsection (1) to be published in the Government Gazette and in a newspaper circulating generally within the relevant region as soon as possible after making the Order.

S. 10(3) amended by No. 39/1998
s. 6(2)(Sch. 1 item 1).

(3) On the abolition of a region any Authority established for that region under this Division is abolished and its members go out of office and the Minister is its successor in law.

New Pt 2 Div. 3 (Heading) inserted by No. 85/2006 s. 151.

Division 3—Catchment Management Authorities

S. 11 amended by No. 39/1998 s. 6(1)(2)
(Sch. 1 item 2), substituted by No. 85/2006 s. 151.

11 Establishment of Authorities

S. 11(1) amended by No. 48/2021 s. 119.

(1) The Minister must, by instrument establish a Catchment Management Authority for each catchment and land protection region (other than the Port Phillip and Westernport Region).

(2) Each Catchment Management Authority established under subsection (1)—

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

(b) has an official seal; and

(c) may sue and be sued; 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.

(3) All courts must take judicial notice of the seal of a Catchment Management Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(4) The official seal of each Catchment Management Authority must be kept in the custody that is directed by the Authority and must not be used, except as authorised by the Authority.

S. 11A inserted by No. 48/2021 s. 120.

11A Melbourne Water Corporation appointed for Port Phillip and Westernport Region

Melbourne Water Corporation is appointed as the Catchment Management Authority for the Port Phillip and Westernport Region.

S. 12 amended by No. 39/1998 s. 6(2)(Sch. 1 item 3), substituted by No. 85/2006 s. 151.

12 Functions powers and duties of Authorities

(1) Each Authority has the following functions in respect of the region for which it has been appointed—

(a) to prepare a regional catchment strategy for the region and to co-ordinate and monitor its implementation;

(b) to prepare special area plans for areas in the region and to co-ordinate and monitor their implementation;

S. 12(1)(c) amended by Nos 23/2019 s. 121, 48/2021 s. 112(1).

(c) to promote the co-operation of persons and bodies involved in the management of land and water resources in the region, including representatives of specified Aboriginal parties, in preparing and implementing the strategy and special area plans and in furthering the objectives of this Act;

(d) to advise the Minister, and, if requested by any other Minister, that other Minister—

(i) on regional priorities for activities by and resource allocation to bodies involved in the management of land and water resources in the region; and

(ii) on guidelines for integrated management of land and water resources in the region; and

(iii) on matters relating to catchment management and land protection; and

(iv) on the condition of land and water resources in the region;

S. 12(1)(e) amended by No. 48/2021 s. 112(2).

(e) to promote community awareness and understanding of—

S. 12(1)(e)(i) inserted by No. 48/2021 s. 112(2).

(i) the importance of land and water resources, their sustainable use, conservation and rehabilitation; and

S. 12(1)(e)(ii) inserted by No. 48/2021 s. 112(2).

(ii) issues relating to catchment management;

(f) to make recommendations to the Minister about the funding of the implementation of the regional catchment strategy and any special area plan;

(g) to make recommendations to the Minister and the Secretary about actions to be taken on Crown land managed by the Secretary to prevent land degradation;

(h) to advise the Minister and provide information to the Minister on any matter referred to it by the Minister;

(i) to carry out any other functions conferred on the Authority by or under this Act or any other Act.

(2) Each Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it.

(3) Subsection (2) is not to be taken to be limited by any other provision of this Act that confers a power on the Authority.

(4) Each Authority has the duties conferred on it by or under this or any other Act.

S. 12AA (Heading) amended by No. 48/2021 s. 121(1).

S. 12AA inserted by No. 17/2018 s. 7.

12AA Obligations of Authorities in relation to declared areas

S. 12AA(1) amended by No. 48/2021 s. 121(2)(a).

(1) An Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—

S. 12AA(1)(a) amended by No. 48/2021 s. 121(2)(b).

(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and

S. 12AA(1)(b) amended by No. 48/2021 s. 121(2)(c).

(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and

(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

S. 12AA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 2.1), amended by No. 48/2021 s. 121(3).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Authority in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 12A inserted by No. 49/2017 s. 70, amended by No. 43/2021 s. 219(Sch. 1 item 2.2), repealed by No. 48/2021 s. 122.

S. 12AB inserted by No. 19/2020 s. 78.

12AB Obligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region

(1) The Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act—

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

S. 12B inserted by No. 23/2019 s. 122, repealed by No. 48/2021 s. 123.

S. 13 amended by No. 39/1998
s. 6(2)(Sch. 1 item 4), substituted by No. 85/2006 s. 151.

13 Appointment of administrator

(1) The Minister may, by determination, appoint an administrator to carry out the functions of the Authority, if an Authority fails or refuses to comply with a direction of the Minister under—

(a) section 19A; or

(b) section 307 of the Water Act 1989.

(2) A determination of the Minister under subsection (1)—

(a) must specify the term for the which the Administrator is appointed, which must not be more than 12 months;

(b) must set out reasons for the actions proposed in it; and

(c) must be published in the Government Gazette; and

(d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the Order is made.

(3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board in performing the functions and duties of the Authority.

(4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.

(5) On the expiry of a determination under this section the Minister must determine whether or not to—

(a) reinstate to his or her office each member of the board of the Authority whose term has not expired; or

(b) dismiss each member of the board of the Authority.

(6) The administrator goes out of office—

(a) if members are reinstated under subsection (5)(a), at the time of that reinstatement; or

(b) if all the members are dismissed under subsection (5)(b), on the appointment of new members—

as the case requires.

(7) If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of the Authority whose term has not expired, are re‑instated.

S. 13(8) inserted by No. 48/2021 s. 124.

(8) This section does not apply to Melbourne Water Corporation.

S. 14 amended by No. 39/1998
s. 6(2)(Sch. 1 item 5), substituted by No. 85/2006 s. 151, amended by No. 48/2021 s. 125 (ILA s. 39B(1)).

14 Application of Public Administration Act 2004

(1) The Public Administration Act 2004 applies to each Authority as if that Authority were a public entity but not a small entity within the meaning of that Act, established on or after the commencement of Part 5 of that Act.

S. 14(2) inserted by No. 48/2021 s. 125.

Pt 2 Div. 3
(Heading and ss 15–18) repealed by No. 39/1998
s. 7.

New Pt 2 Div. 4 (Heading) inserted by No. 85/2006 s. 151.

Division 4—Boards

S. 15AA inserted by No. 48/2021 s. 126.

15AA Application of Division

This Division does not apply to Melbourne Water Corporation.

New s. 15 inserted by No. 85/2006 s. 151.

15 Board

(1) Each Catchment Management Authority must have a board consisting of—

(a) a chairperson; and

(b) not less than 5 and not more than 8 other members—

appointed by the Minister, after consultation with the Minister administering the Water Act 1989 and the Minister administering the Agricultural Industry Development Act 1990.

(2) The board of each Authority must consist of persons with experience and knowledge of one or more of the following—

(a) land management;

(b) water resources management and the water industry;

(c) waterway management;

(d) environment or natural resources management;

(e) primary industry;

(f) strategic or business planning;

(g) financial management.

S. 15(3) substituted by No. 48/2021 s. 137.

(3) More than one half of the members of the board of each Catchment Management Authority must be persons whose principal occupation is—

(a) primary production; or

(b) providing advice about primary production; or

(c) engaging in research about primary production.

New s. 16 inserted by No. 85/2006 s. 151.

16 Function of boards

(1) The board of an Authority—

(a) is responsible for—

(i) the strategic planning of the Authority; and

(ii) deciding the policies of the Authority; and

(iii) the management of the affairs of the Authority, including ensuring the performance of the functions and the carrying out of the duties of the Authority; and

(b) may exercise the powers of the Authority.

(2) Each board of an Authority, in performing its functions, exercising its powers and carrying out its duties must act in a proper and efficient manner.

New s. 17 inserted by No. 85/2006 s. 151.

17 Terms and conditions of appointment of members of boards

A member of the board of an Authority holds office, subject to this Act—

(a) for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re‑appointment; and

(b) subject to this section, on the other terms and conditions that are determined by the Minister.

New s. 18 inserted by No. 85/2006 s. 151.

18 Appointment of chairperson

(1) The chairperson of the board of an Authority must be appointed by the Minister.

(2) The Minister may appoint as a chairperson any person who was a member of the board immediately before being appointed as chairperson.

(3) If a vacancy arises in the office of the chairperson, the Minister must appoint a person in accordance with this section to fill the vacancy.

(4) The chairperson holds office for the term specified by the Minister.

(5) The chairperson may resign by notice in writing to the Minister.

S. 18A inserted by No. 85/2006 s. 151.

18A Deputy chairperson

(1) The board of an Authority must appoint one of the members of the board to be the deputy chairperson of the board.

(2) The deputy chairperson, if present, must preside at meetings of the board at which the chairperson is not present.

S. 18B inserted by No. 85/2006 s. 151.

18B Acting appointments

(1) The deputy chairperson must act as chairperson if—

(a) the office of chairperson is vacant; or

(b) the chairperson is unable, for any reason, to perform the duties of office, and it is not possible for the members to participate in a meeting in accordance with section 18N(7).

(2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson.

(3) The Minister may appoint a person who has the experience and knowledge as required under section 15 to be a member of the board of an Authority during any period, or during all periods, when—

(a) the deputy chairperson is acting as chairperson; or

(b) a member of the board is unable for any reason to attend meetings of the board.

S. 18C inserted by No. 85/2006 s. 151.

18C When a member ceases to hold office

(1) The office of member of the board of an Authority becomes vacant if the member—

(a) resigns in accordance with subsection (2); or

S. 18C(1)(b) amended by No. 4/2008 s. 32(Sch. item 3).

(b) becomes an insolvent under administration; or

(c) fails to attend 3 consecutive meetings of the board without the approval of the board.

(2) A person may resign from the office of member of the board of an Authority by notice in writing to the Minister.

S. 18D inserted by No. 85/2006 s. 151.

18D Removal from office of member

(1) The Minister may at any time remove a member of the board of an Authority from the office of member.

(2) The Minister must remove a person from the office of member of the board of an Authority if the member—

(a) is convicted of an offence relating to his or her duties as a member of the board of an Authority; or

(b) fails without reasonable cause to disclose any interest under section 18G.

S. 18E inserted by No. 85/2006 s. 151.

18E Validity of decisions

(1) An act or decision of the board of an Authority is not invalid merely because of—

(a) a vacancy in the membership of the board; or

(b) a defect or irregularity in, or in connection with, the appointment of a member of the board.

(2) Anything done by or in relation to a person purporting to act as a member of the board of an Authority, whether as chairperson, deputy chairperson or another member, is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

S. 18F inserted by No. 85/2006 s. 151.

18F Improper use of information

A member or a person who has been a member of the board of an Authority must not make improper use of information acquired by virtue of that person's position as a member—

(a) to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or

(b) with intent to cause detriment to the Authority, whether or not detriment was caused.

S. 18G inserted by No. 85/2006 s. 151.

18G Effect of pecuniary interests

(1) A member of the board of an Authority who has a pecuniary interest in any matter in which the Authority is concerned must—

(a) if the member is present at a meeting of the board or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or

(b) if the member is aware that the matter is to be considered at a meeting of the board or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson, or if the chairperson has the interest, the deputy chairperson, before the meeting is held.

(2) If a member of the board of an Authority has disclosed an interest to the chairperson or the deputy chairperson, as the case may be, under subsection (1)(b), the chairperson or the deputy chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter.

(3) The member—

(a) may stay in the meeting during any consideration of the matter; and

(b) may take part in the discussion; and

(c) must not move or second a motion on a question relating to the matter; and

(d) must leave the meeting while any vote is taken on a question relating to the matter; and

(e) may, when notified that the vote has been declared by the chairperson, or the deputy chairperson if it is the chairperson who has the interest, return to the meeting.

(4) If a member discloses an interest under subsection (1), a statement showing—

(a) that the disclosure was made; and

(b) the nature of the matter and the nature of the disclosed interest; and

(c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and

(d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left—

must—

(e) in the case of a disclosure made at or before a meeting of the board, be included in the minutes of the meeting; and

(f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board.

(5) A person must comply with subsection (1) or (3).

(6) It is a defence to a charge under subsection (5) for the person charged to prove that the person did not know—

(a) that he or she had a pecuniary interest in the matter; or

(b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting.

(7) The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question.

(8) A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence.

(9) The Minister may, by notice in writing to an Authority, remove any disability imposed by this section in any case if so many of the members of the board of the Authority are affected that the Minister decides that the transaction of the business of the Authority would be impeded.

(10) For the purposes of subsection (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, because of any interests, and in respect of any matters, that the Minister specifies in the notice.

S. 18H inserted by No. 85/2006 s. 151.

18H What constitutes a pecuniary interest?

(1) In this section shares includes stock, and share capital must be read accordingly.

(2) A member does not have a pecuniary interest to which section 18G applies in relation to a matter only because that member has an interest in the matter—

(a) as a person who receives a service from the Authority in common with other persons who receive a service from the Authority; or

(b) as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or

(c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or

(d) as a member of an employers' or employees' association; or

(e) as a person to whom the Authority offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the Authority on the same terms and conditions as to that member; or

(f) as a person who receives a service from the Authority, or as a resident of a region under the control of the Authority, who may be required by the Authority to make any payment that other persons who receive that service, or other residents of the region, may be required by the Authority to make.

(3) Unless subsection (4) provides otherwise, a person has a pecuniary interest in a matter if—

(a) the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or

(b) the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter.

(4) Subsection (3) does not apply—

(a) to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of an Authority; or

(b) to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body.

(5) If a member of a board of an Authority has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 18G does not preclude the member from taking part in the consideration of the matter.

(6) If the share capital of a body is of more than one class, subsection (5) does not apply if the total nominal value of all the shares of any one class in which the member has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body.

(7) The interest of a member's spouse or domestic partner must, if known to the member, be taken to be an interest of the member for the purposes of this section.

S. 18I inserted by No. 85/2006 s. 151.

18I Pecuniary interest does not prevent voting and consideration of some questions

Nothing in section 18G precludes any person from taking part in the consideration of, or voting on—

(a) any question of whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the Authority or from any other money belonging to the Authority; or

(b) any question of whether an application should be made to the Minister for the exercise of the powers conferred by section 18G(9).

S. 18J inserted by No. 85/2006 s. 151.

18J Effect of finding of guilt for offence against section 18G

(1) A member of the board of an Authority who is found guilty of an offence against section 18G or any corresponding previous enactment is not capable of being or continuing to be a member of a board of an Authority for 7 years after that finding of guilt, unless—

(a) on application by the person found guilty, the court by which he or she is found guilty; or

(b) a court hearing an appeal under subsection (2)—

thinks it is appropriate in the circumstances to reduce or waive the period of disqualification.

(2) A person may, within 6 months after a decision on an application under subsection (1)(a), appeal from that decision—

S. 18J(2)(a) amended by No. 3/2016 s. 96.

(a) if the person was found guilty by the Magistrates' Court (other than the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder)—to the County Court; and

S. 18J(2)(ab) inserted by No. 1/2022 s. 87.

(ab) in the case of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; and

(b) in any other case—to the Supreme Court.

(3) An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.

S. 18K inserted by No. 85/2006 s. 151.

18K Submission of returns by members and nominated officers

(1) A person who becomes a member of a board of an Authority must within 30 days after becoming a member submit a primary return in the prescribed form to a person authorised by the board of the Authority.

(2) If a person is re-appointed on completion of his or her term of office as a member, the member need not submit a new primary return.

(3) If the board of an Authority has resolved that nominated officers must submit returns—

(a) each nominated officer must within 30 days after the resolution; and

(b) any person who becomes a nominated officer after the resolution must within 30 days after his or her appointment as a nominated officer—

submit a primary return in the prescribed form to a person authorised by the board of the Authority.

(4) A member or a nominated officer of each Authority must, on or before 31 July each year, submit an ordinary return in the prescribed form to a person authorised by the board of the Authority.

S. 18L inserted by No. 85/2006 s. 151.

18L Information to be disclosed in primary and ordinary returns

(1) Each member and each nominated officer must disclose the following information in the primary return as at the date of the primary return—

(a) the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise;

(b) the information referred to in paragraphs (b), (c), (d) and (f) of subsection (2).

(2) Each member and each nominated officer must disclose in an ordinary return the following information in relation to the return period—

(a) if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body;

(b) the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds in value $2000;

(c) the address or description of any land in the region of the Authority or in a region which adjoins that Authority's region in which he or she has any beneficial interest other than by way of security for any debt;

(d) a concise description of any trust—

(i) in which he or she holds a beneficial interest; or

(ii) of which he or she is a trustee and in which a relative holds a beneficial interest;

(e) particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and

(f) any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer.

(3) If a member or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in subsection (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return.

(4) In this section relative of a member or a nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer.

S. 18M inserted by No. 85/2006 s. 151.

18M Authority to maintain a register

(1) An Authority must—

(a) maintain a register of the interests of members and, where required, nominated officers; and

(b) enter in the register all the information given in the returns.

(2) An Authority must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the Authority to do so.

(3) The register may be inspected at the office of the Authority during normal office hours.

(4) An Authority must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return.

(5) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register.

(6) A person employed by an Authority must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the Authority, or make use of that information for any purpose other than the discharge of his or her official duties under this Act.

(7) An Authority must—

(a) retain the returns of a member or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and

(b) at the end of that period, destroy the returns.

(8) As soon as practicable after a person ceases to be a member or a nominated officer, the Authority must delete the entries relating to that person from the register.

S. 18N inserted by No. 85/2006 s. 151.

18N Proceedings of the board of an Authority

(1) Subject to this Act, the board of an Authority may regulate its own procedure.

(2) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of an Authority elected by the members present at the meeting, must preside at a meeting of the board.

(3) The quorum for a meeting of the board of an Authority is a majority of the members for the time being.

(4) A question arising at a meeting of the board of an Authority is determined by a majority of the votes of the members present and voting on the question.

(5) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(6) The board of an Authority must ensure that minutes are kept of each meeting of the board.

(7) The board of an Authority may permit its members to participate in a particular meeting by—

(a) telephone; or

(b) closed-circuit television; or

(c) any other means of electronic or instantaneous communication.

(8) A member of the board of an Authority who participates in a meeting under a permission under subsection (7) is deemed to be present at the meeting.

S. 18O inserted by No. 85/2006 s. 151.

18O Special meetings

(1) The chairperson of the board of an Authority may at any time (and must, if requested by a majority of members) call a special meeting of the board.

(2) Subject to subsection (3), a special meeting must not be held unless at least 2 days' notice has been given to each member.

(3) If all members of the board consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member.

(4) Notice of a special meeting must—

(b) be served on each member, by post or in person; and

(c) specify the time and place of the meeting and the reason for it.

(5) A special meeting must deal only with business stated in the notice.

S. 18P inserted by No. 85/2006 s. 151.

18P Resolutions without meetings

(1) If all of the members of the board of an Authority for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.

(2) If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of an Authority, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of an Authority, are deemed to constitute one document.

S. 18Q inserted by No. 85/2006 s. 151.

18Q Allowances

(1) An Authority may, subject to subsection (2), pay remuneration and allowances to its members of the board.

(2) The amounts of any remuneration and allowances paid by an Authority must not exceed the amounts fixed by the Minister in respect of that Authority.

(3) The amounts fixed by the Minister under this section may vary between Authorities.

S. 18R inserted by No. 85/2006 s. 151.

18R Expenses

Despite anything in this or any other Act, the members of the board of an Authority are, if the board so resolves, entitled to be reimbursed out of the Authority's funds for any reasonable expenses they incur whilst carrying out functions and exercising powers under this Act.

Example

Reasonable expenses incurred when making site visits.

Pt 2 Div. 4 (Heading) repealed by No. 85/2006 s. 152.

S. 19 amended by Nos 39/1998
s. 8, 85/2006 s. 153(1)(a)(2) (ILA s. 39B(1)).

19 Immunity of members

(1) A member of the Council or any member of the board of an Authority is not personally liable for anything done or omitted to be done in good faith—

(a) in the performance of a function under this Act or the regulations; or

S. 19(b) amended by No. 85/2006 s. 153(1)(b).

(b) in the reasonable belief that the act or omission was in the performance of a function under this Act or the regulations.

S. 19(2) inserted by No. 85/2006 s. 153(2).

(2) Any liability that would, but for subsection (1), attach to a member of the board of an Authority attaches instead to the Authority of which the person is a member of the board.

Pt 2 Div. 4A (Heading and ss 19AA, 19AB) inserted by No. 48/2021 s. 113.

Division 4A—Advisory committees

S. 19AA inserted by No. 48/2021 s. 113.

19AA Advisory committees established by the Minister

(1) The Minister may establish one or more advisory committees to advise the Minister on any of the following matters in relation to the whole of Victoria or a part or parts of Victoria—

(a) catchment management;

(b) the condition of land and water resources;

(c) priorities for catchment management;

(d) priorities for research and investigation in relation to catchment management;

(e) any other matter the Minister considers appropriate.

(2) In establishing an advisory committee, the Minister, by writing, must specify—

(a) the matters on which the advisory committee is to advise the Minister; and

(b) whether the advisory committee's advice is to relate to the whole of Victoria or a specified part or parts of Victoria.

S. 19AB inserted by No. 48/2021 s. 113.

19AB Membership and procedures of advisory committees established by the Minister

(1) The Minister, by writing, may appoint such members of an advisory committee as the Minister considers appropriate.

(2) The Minister, by writing, may appoint a member of an advisory committee to be the Chairperson of the committee.

(3) The Minister, by writing, may at any time remove from office a member of an advisory committee.

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

(5) The Minister may specify requirements, with which an advisory committee must comply, about the following—

(a) quorums;

(b) decision making powers of members;

(c) meeting procedures;

(d) any other matter the Minister considers appropriate.

(6) The Minister may specify requirements under subsection (5) at any time, whether before, on or after the establishment of an advisory committee.

(7) Subject to this Act and any requirements specified under subsection (5), an advisory committee may regulate its own procedure.

(8) A member of an advisory committee is entitled to be paid any remuneration and allowances fixed by the Minister.

Pt 2 Div. 5 (Heading and ss 19A–19J) inserted by No. 85/2006 s. 154.

Division 5—Other provisions relating to Catchment Management Authorities

S. 19A inserted by No. 85/2006 s. 154.

19A Power of Minister to give directions

(1) The Minister may give a direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers.

(2) The Minister must give an Authority 14 days' notice of his or her intention to give a direction under subsection (1).

(3) If the Minister gives a direction to an Authority, the Minister must make sure that notice of the giving of the direction, and a statement or summary of the contents of the direction, is published in the Government Gazette.

(4) An Authority to which the Minister gives a direction must make sure that a statement or summary of the contents of the direction is included in the annual report of the Authority.

(5) A failure to comply with subsection (3) or (4) does not affect the validity of the direction.

S. 19A(6) inserted by No. 48/2021 s. 127.

(6) The Minister's power to give directions under this section to Melbourne Water Corporation only applies to the performance of Melbourne Water Corporation's functions and the exercise of Melbourne Water Corporation's powers under this Act.

S. 19B inserted by No. 85/2006 s. 154, substituted by No. 48/2021 s. 138.

19B Matter to be included in annual report

Each Authority must include in its report of operations prepared under Part 7 of the Financial Management Act 1994, a report on the condition and management of land and water resources in its region and the carrying out of its functions.

S. 19C inserted by No. 85/2006 s. 154.

19C Corporate plans

(1) Each Authority must prepare a corporate plan and submit it to the Minister—

(a) on or before the date specified by the Minister; or

(b) if no such date is specified, at least 2 months before it intends to implement the plan or any part of it.

(2) A corporate plan must be in or to the effect of a form approved by the Minister and must include—

(a) a statement of corporate intent in accordance with section 19D;

(b) a business plan and financial statements containing the information that the Minister requires;

(3) An Authority may implement a corporate plan 2 months (or any shorter time allowed by the Minister) after its submission to the Minister, unless the Minister, within that time, directs in writing any variations that the Minister thinks fit to be made in any corporate plan submitted in accordance with this section.

(4) The Minister must publish in the Government Gazette any direction made under subsection (3).

(5) The Minister must not give a direction under subsection (3) without first having consulted the Authority about the direction.

(6) An Authority must not make a major deviation from its corporate plan unless it has, at least 2 months (or any shorter time allowed by the Minister) before it intends to make the deviation, submitted to the Minister details of the proposed deviation.

(7) The Minister may issue guidelines as to what are major deviations for the purposes of subsection (6).

(8) The corporate plan of an Authority at any time is that plan as varied under subsection (3), or as revised by any deviation under subsection (6), at that time.

S. 19C(9) inserted by No. 48/2021 s. 128.

(9) This section does not apply to Melbourne Water Corporation.

S. 19D inserted by No. 85/2006 s. 154, amended by No. 48/2021 s. 129 (ILA s. 39B(1)).

19D Statement of corporate intent: contents

(1) Each statement of corporate intent must specify for the Authority, in respect of the financial year to which it relates and each of the 4 following financial years, the following information—

(a) the business objectives of the Authority;

(b) the main business undertakings of the Authority;

(c) the nature and scope of the activities to be undertaken by the Authority;

(d) the performance targets and other measures by which the Authority may be judged in relation to its business objectives;

(e) the kind of information to be provided to the Minister by the Authority during the course of those financial years;

(f) any other matters that may be agreed on by the Minister and the Authority from time to time.

S. 19D(2) inserted by No. 48/2021 s. 129.

S. 19E inserted by No. 85/2006 s. 154.

19E Statements of obligations of Authorities

(1) The Minister may—

(a) issue a statement of obligations to an Authority specifying obligations that the Authority has in performing its functions under this Act or exercising powers it has under this Act; or

(b) amend, vary or revoke a statement of obligations after complying with subsection (5).

(2) The Minister must not issue, amend, vary or revoke a statement under subsection (1), unless the Minister has first consulted with the Minister administering Part 10 of the Water Act 1989.

(3) A statement of obligations may include provisions relating to—

(a) standards as to the performance of any such functions;

(b) requirements as to community consultation in performing any such functions.

(4) An Authority must comply with a statement of obligations that applies to that Authority.

(5) The Minister must not amend or vary a statement of obligations unless—

(a) the Authority has agreed to the proposed amendment or variation; or

(b) the Minister has—

(i) given the Authority notice in writing of the proposed amendment or variation; and

(ii) considered any written submission made by the Authority in response to the notice.

(6) The Minister must cause a notice of—

(a) the making and issue of a statement of obligations to an Authority; or

(b) the amendment, variation or revocation of a statement of obligations—

to be published in the Government Gazette.

S. 19F inserted by No. 85/2006 s. 154, amended by No. 48/2021 s. 130 (ILA s. 39B(1)).

19F Powers of delegation of an Authority

(1) An Authority may, by instrument under its common seal, delegate to—

(a) a member of the board of an Authority or any other officer of the Authority, by name or to the holder of an office; or

(b) to any committee established by the Authority under this Act, the members of which are members of the board or officers of the Authority;

(c) with the consent of the Minister, to any other person or body, including any committee established by the Authority under this Act, the members of which are not members of the board or officers of the Authority—

any function, power or duty of the Authority other than—

(d) this power of delegation; or

(e) the power to make by-laws; or

(f) any other power that is prescribed for the purposes of this section.

S. 19F(2) inserted by No. 48/2021 s. 130.

(2) In this section, in relation to Melbourne Water Corporation, a reference to the board is a reference to the board of directors of Melbourne Water Corporation.

S. 19G inserted by No. 85/2006 s. 154.

19G Chief Executive Officer

(1) An Authority may appoint a person as Chief Executive Officer of the Authority.

(2) A person appointed under subsection (1) must not be a member of the board of the Authority.

(3) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

(4) The Chief Executive Officer is responsible to the Authority for the carrying out of the Authority's functions.

(5) The Chief Executive Officer must comply with the directions of the Authority.

S. 19G(6) inserted by No. 48/2021 s. 131.

(6) This section does not apply to Melbourne Water Corporation.

S. 19H inserted by No. 85/2006 s. 154, amended by No. 48/2021 s. 132 (ILA s. 39B(1)).

19H Delegation of powers of Chief Executive Officer

(1) An Authority may, by instrument, delegate to any officer or employee referred to in section 19I, any power, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.

S. 19H(2) inserted by No. 48/2021 s. 132.

S. 19I inserted by No. 85/2006 s. 154.

19I Employment of officers of Authorities

An Authority may employ, on terms and conditions determined by the Authority, such officers and employees it considers necessary for the carrying out of its functions.

S. 19J inserted by No. 85/2006 s. 154.

19J Committees established by Authorities

(1) An Authority may establish—

(a) a committee to advise the Authority on any matter referred by the Authority; and

(b) a committee to exercise any power or perform any function, authority or discretion delegated to it by the Authority.

(2) The following provisions apply to committees—

(a) an Authority may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal;

(b) a committee may act despite any vacancy in its membership;

(c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings;

(d) an Authority may, by resolution, make rules, with which committees must comply, about—

(i) their quorums; and

(ii) voting powers of their members; and

(iii) their proceedings;

(e) the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way;

(f) an Authority must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the Authority;

(g) the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void.

(3) A member of a committee is entitled to be paid any fees and allowances fixed by the Minister.

Part 3—Duties of the Secretary and land owners

20 General duties of land owners

(1) In relation to his or her land a land owner must take all reasonable steps to—

(a) avoid causing or contributing to land degradation which causes or may cause damage to land of another land owner; and

(b) conserve soil; and

(c) protect water resources; and

(d) eradicate regionally prohibited weeds; and

(e) prevent the growth and spread of regionally controlled weeds; and

(f) prevent the spread of, and as far as possible eradicate, established pest animals.

S. 20(2) repealed by No. 51/2013 s. 5.

S. 20(3) amended by No. 12/2004 s. 151(2), repealed by No. 51/2013 s. 5.

21 Additional duties of the Secretary

(1) The Secretary must take all reasonable steps to eradicate State prohibited weeds from all land in the State.

S. 21(1A) inserted by No. 48/2010 s. 4.

(1A) The Secretary must take all reasonable steps to control restricted pest animals on any land in the State.

(2) In relation to roadsides on Crown land the Secretary must take all reasonable steps to eradicate regionally prohibited weeds.

(3) Subsection (2) does not apply to—

S. 21(3)(a) amended by No. 12/2004 s. 151(2).

(a) a freeway or an arterial road within the meaning of the Road Management Act 2004; or

S. 21(3)(b) amended by No. 51/2013 s. 6(a).

(b) Crown land held under a lease or licence; or

S. 21(3)(c) inserted by No. 51/2013 s. 6(b).

(c) the roadside of a municipal road.

(4) The duties imposed by this section are in addition to those imposed by this Part on the Secretary as a land owner.

22 Transfer of management responsibility

S. 22(1) amended by No. 67/2006
s. 4(1).

(1) A land owner may agree in writing with the lessee or an occupier of the land or with any person having management or control of the land ("the new land manager") that the new land manager will have sole responsibility for carrying out, in relation to the land, a duty imposed by a relevant provision on the land owner.

S. 22(2) amended by No. 67/2006
s. 4(1).

(2) While the agreement is in force, a relevant provision applies to the land covered by the agreement as if it referred to the new land manager instead of the land owner.

(3) The land owner and the new land manager may, by a further written agreement, vary or terminate an agreement under subsection (1).

S. 22(4) amended by No. 67/2006
s. 4(2).

(4) If a special area plan exempts a land owner from a duty under a relevant provision and places the duty on another person, the relevant provision applies to that person in respect of that duty as if it referred to that person instead of to a land owner.

S. 22(5) inserted by No. 67/2006
s. 4(3).

(5) In this section, relevant provision means any provision of the following—

(a) Part 3;

(b) Division 3 of Part 4, other than section 34;

(c) Part 5, other than section 40;

(d) Part 5A;

(e) Division 2 of Part 8;

(f) Part 9.

Pt 3A (Heading and ss 22A–22Q) inserted by No. 51/2013 s. 7.

Part 3A—Roadside weed and pest animal management plans

S. 22A inserted by No. 51/2013 s. 7.

22A Declaration of a municipal district

(1) The Minister may declare a municipal district to be a district for which a roadside weed and pest animal management plan must be prepared.

(2) The declaration must be published in the Government Gazette and state—

(a) that the roadside weed and pest animal management plan relates to regionally prohibited weeds, regionally controlled weeds and established pest animals on roadsides of municipal roads in the declared municipal district; and

(b) the term for which the roadside weed and pest animal management plan is to operate being a period of between 2 and 4 years; and

(c) the Minister's reasons for making the declaration.

(3) In making a declaration, the Minister must take into account—

(a) the nature and extent of municipal roads in the municipal district; and

(b) the extent to which the roadsides of those municipal roads are infested with regionally prohibited weeds, regionally controlled weeds and established pest animals.

(4) The Minister must give a copy of the declaration to the municipal council of the declared municipal district.

(5) The declaration takes effect on the day it is published in the Government Gazette or on any later date after the date that any earlier declaration ceases to have effect as is specified in the notice.

(6) The declaration ceases to have effect at the earliest of—

(a) the end of the term of operation of any approved roadside weed and pest animal management plan for the declared municipal district; or

(b) if the approval of the roadside weed and pest animal management plan is revoked for the declared municipal district under section 22O, at the time the revocation takes effect.

S. 22B inserted by No. 51/2013 s. 7.

22B Roadside weed and pest animal management plan

A municipal council of a municipal district declared under section 22A must prepare, submit for approval and publish a roadside weed and pest animal management plan in accordance with this Part.

S. 22C inserted by No. 51/2013 s. 7.

22C Contents of a roadside weed and pest animal management plan

(1) A roadside weed and pest animal management plan prepared by a municipal council must—

(a) set out a program of measures to eradicate, as far as possible, all regionally prohibited weeds of which the municipal council is aware from the roadsides of all municipal roads in the declared municipal district; and

(b) specify the species of regionally controlled weeds and established pest animals to which the plan applies; and

(c) specify the municipal council's current knowledge of the extent and abundance in the municipal district of—

(i) all regionally prohibited weeds; and

(ii) all regionally controlled weeds and established pest animals specified in paragraph (b); and

(d) set out a program of reasonable measures to be taken by the municipal council to reduce the adverse impact on surrounding land arising from the species specified in paragraph (b) on the roadsides of municipal roads in the declared municipal district; and

(e) specify the municipal roads to which the plan applies; and

(f) specify the anticipated outcome of each measure referred to in paragraphs (a) and (d); and

(g) state the period of operation of the plan.

(2) The program of measures set out in a roadside weed and pest animal management plan must—

(a) support any weed and pest animal management programs being undertaken by land owners in the declared municipal district; and

(b) protect the infrastructure and environmental value of roadsides.

(3) A roadside weed and pest animal management plan prepared by a municipal council may also include any additional information that the municipal council considers appropriate.

S. 22D inserted by No. 51/2013 s. 7.

22D Preparation of plan

In preparing a roadside weed and pest animal management plan, a municipal council must have regard to—

(a) any information provided by the Minister; and

(b) any regional catchment strategy applying to the declared municipal district; and

(c) any submissions received by the council under section 22F.

S. 22E inserted by No. 51/2013 s. 7.

22E Time for preparing a roadside weed and pest animal management plan

(1) Subject to subsection (2), a municipal council must submit a proposed roadside weed and pest animal management plan to the Minister within 120 days after the day on which the Minister's declaration under section 22A takes effect.

(2) The Minister may extend the period of time within which a municipal council must submit a roadside weed and pest animal management plan if the council makes an application in writing to the Minister which states—

(a) the grounds on which the extension is sought; and

(b) the period of extension required.

S. 22F inserted by No. 51/2013 s. 7.

22F Procedure for making a roadside weed and pest animal management plan

(1) Before a municipal council prepares a roadside weed and pest animal management plan, it must comply with the following procedure.

(2) The municipal council must give a notice stating—

(a) the purpose and scope of the proposed roadside weed and pest animal management plan; and

(b) where a copy of the proposed plan can be obtained or inspected; and

(c) that any person may make a submission to the municipal council on any aspect of the proposed plan that relates to regionally controlled weeds or established pest animals; and

(d) that submissions must be made to the municipal council within the period specified in the notice.

(3) The municipal council must allow at least 28 days after the day on which a notice is given under subsection (2) for the making of submissions.

(4) A notice under this section must be published—

(a) in the Government Gazette; and

(b) in a newspaper circulating generally in the municipal district of the municipal council.

S. 22G inserted by No. 51/2013 s. 7.

22G Minister may approve a roadside weed and pest animal management plan

(1) The Minister may approve a roadside weed and pest animal management plan if the Minister is satisfied that the plan meets the requirements set out in section 22C.

(2) Before approving a roadside weed and pest animal management plan, the Minister may request that the municipal council submit a revised plan.

(3) A request for a revised roadside weed and pest animal management plan must be in writing and state the particular matters in the plan that are required to be revised.

S. 22H inserted by No. 51/2013 s. 7.

22H Operation of roadside weed and pest animal management plan

(1) On approval of a roadside weed and pest animal management plan, the Minister must—

(a) notify the municipal council in writing; and

(b) publish a notice of approval in the Government Gazette.

(2) The approved roadside weed and pest animal management plan comes into operation on the date that notification under subsection (1)(a) is received by the municipal council.

S. 22I inserted by No. 51/2013 s. 7.

22I Publication of roadside weed and pest animal management plan

(1) The municipal council must publish the approved roadside weed and pest animal management plan on its website as soon as practicable after the plan is approved.

(2) The municipal council must ensure that copies of the approved roadside weed and pest animal management plan are available for inspection during normal office hours at the municipal council's office.

S. 22J inserted by No. 51/2013 s. 7.

22J Municipal council must implement plan

A municipal council must implement the measures set out in its approved roadside weed and pest animal management plan in accordance with the plan.

S. 22K inserted by No. 51/2013 s. 7.

22K Variation of an approved roadside weed and pest animal management plan

(1) Subject to subsection (2), a municipal council may request, in writing, that the Minister approve a variation of its approved roadside weed and pest animal management plan.

(2) If an approved roadside weed and pest animal management plan has less than 6 months to operate, the municipal council may only request a variation in the case of an emergency that is affecting its municipal district.

(3) A request for approval of a variation of an approved plan under subsection (1), must include—

(a) a description of the proposed variation; and

(b) the reasons for the requested variation.

(4) Within 28 days after receiving a request under subsection (1), the Minister must notify the municipal council in writing of his or her decision to approve or refuse to approve the request for a variation.

(5) If the Minister refuses to approve a request for a variation, he or she must set out reasons for the refusal in the notification to the municipal council.

(6) A variation of an approved roadside weed and pest animal management plan takes effect when the municipal council receives notification of the approval of the variation by the Minister under subsection (4).

S. 22L inserted by No. 51/2013 s. 7.

22L Minister may request that plan be varied

(1) Subject to subsection (3), the Minister may request, in writing, that a municipal council prepare a variation to an approved roadside weed and pest animal management plan if—

(a) there has been a significant and unforeseen change in the environmental circumstances in the municipal council's municipal district since the plan was approved; and

(b) the circumstances under paragraph (a) have substantially diminished, or are likely to substantially diminish, the effectiveness of the plan.

(2) If the Minister requests that a municipal council prepare a variation to an approved roadside weed and pest animal management plan, the request must include—

(a) a description of the proposed variation; and

(b) the reasons for the requested variation.

(3) If an approved roadside weed and pest animal management plan has less than 6 months to operate, the Minister may only request a variation in the case of an emergency that is affecting the municipal council's municipal district.

S. 22M inserted by No. 51/2013 s. 7.

22M Municipal council must publish varied plan

(1) The municipal council must publish a consolidated version of its approved roadside weed and pest animal management plan on its website as soon as practicable after a variation to the plan is approved under section 22K or 22L.

(2) The municipal council must ensure that copies of the consolidated version of its approved roadside weed and pest animal management plan are available for inspection during normal office hours at the municipal council's office.

S. 22N inserted by No. 51/2013 s. 7.

22N Suspension of approval of a roadside weed and pest animal management plan

(1) The Minister may suspend the approval of a roadside weed and pest animal management plan if he or she is satisfied that the municipal council—

(a) is not implementing the measures set out in accordance with the plan; or

(b) has failed to provide the Minister with information or documents requested by the Minister under section 22P; or

(c) has failed to submit a variation to the plan requested by the Minister under section 22L; or

(d) has failed to submit to the Minister, within the time specified by the Minister in an invitation under subsection (2)(b), reasons why the plan should not be suspended.

(2) Before suspending the approval of a plan under subsection (1), the Minister must notify the municipal council in writing of his or her intention to suspend the approval and must—

(a) set out the reasons for the proposed suspension; and

(b) invite the municipal council to submit, within the specified time, reasons why the approval of the plan should not be suspended.

(3) After considering any submission received from the municipal council under subsection (2), or if the municipal council fails to submit reasons within the specified time, the Minister must, in writing, notify the municipal council of his or her decision to suspend, or not to suspend, the approval of the plan.

(4) The suspension of the approval of a roadside weed and pest animal management plan under this section takes effect when the municipal council receives notification of the suspension under subsection (3).

(5) The Minister must not suspend the approval of a plan under this section for a period of more than 6 months.

(6) The Minister must revoke the suspension of the approval of a roadside weed and pest animal management plan if he or she is satisfied that the reasons for the suspension no longer apply.

S. 22O inserted by No. 51/2013 s. 7.

22O Revocation of the approval of a roadside weed and pest animal management plan

(1) The Minister may revoke his or her approval of a roadside weed and pest animal management plan—

(a) if the reason for suspending the approval of the plan under section 22N continues to apply at the end of the period for which the approval was suspended; or

(b) if, due to changed circumstances affecting the municipal district to which the plan applies, a substantial part of the plan is no longer relevant.

(2) Before the Minister revokes his or her approval of a plan under subsection (1), the Minister must notify the municipal council responsible for implementing the plan in writing of his or her intention to revoke approval of the plan and must—

(a) set out the reasons for the proposed revocation; and

(b) invite the municipal council to submit, within the specified time, reasons why approval of the plan should not be revoked.

(3) After considering any submission received from the municipal council under subsection (2), or if the municipal council fails to submit reasons within the specified time, the Minister must, in writing, notify the municipal council of his or her decision to revoke, or not to revoke, the approval of the plan.

(4) The revocation of the approval of a roadside weed and pest animal management plan under this section takes effect when the municipal council receives notification of the revocation under subsection (3).

S. 22P inserted by No. 51/2013 s. 7.

22P Municipal council must provide information and documents to Minister

(1) For the purposes of monitoring a municipal council's progress in implementing its approved roadside weed and pest animal management plan, or in order to evaluate a municipal council's report on its approved plan under section 22Q, the Minister may request in writing to the municipal council that it provide specified information or a document relating to the approved plan.

(2) A municipal council must provide the information or document requested under subsection (1) to the Minister.

S. 22Q inserted by No. 51/2013 s. 7.

22Q Reporting

Within 30 days after an approved roadside weed and pest animal management plan ceases to operate, the municipal council responsible for implementing the plan must provide to the Minister a written report setting out the outcomes of the measures set out in the plan to be taken by the municipal council relating to the species of noxious weeds and pest animals covered by the plan.

Part 4—Catchment planning

Division 1—Regional catchment strategies

23 What is a regional catchment strategy?

A regional catchment strategy is a document, prepared and approved in accordance with this Division and Schedule 2, that sets out how the catchments in a region are to be managed.

24 Contents of strategy

(1) A regional catchment strategy must state the region to which it applies.

(2) A regional catchment strategy must—

(a) assess the land and water resources of the catchments in the region and how they are used; and

(b) assess the nature, causes, extent and severity of land degradation of the catchments in the region and identify areas for priority attention; and

S. 24(2)(ba) inserted by No. 23/2019 s. 123.

(ba) have regard to Aboriginal cultural values and traditional ecological knowledge of management of land and water resources of the catchments in the region; and

(c) identify objectives for the quality of the land and water resources of the catchments in the region; and

(d) set a program of measures to promote improved use of land and water resources and to treat land degradation; and

(e) state the action necessary to implement the strategy and who should take it; and

(f) specify procedures for monitoring the implementation of the strategy, achieving the land and water resource quality objectives and assessing the effectiveness of the program set under paragraph (d); and

(g) provide for the review of the strategy.

(3) Without limiting subsection (2) a strategy may provide for all or any of the following—

(a) research;

(b) educational programs;

(c) land use planning;

(d) the establishment of land management advisory services;

(e) incentives for better land management.

S. 24(4) inserted by No. 26/2018 s. 86.

(4) In preparing a regional catchment strategy, an Authority must have regard to the Marine and Coastal Policy and to the Marine and Coastal Strategy if the region to which the strategy applies abuts the coast.

S. 24(5) inserted by No. 26/2018 s. 86.

(5) In this section—

Marine and Coastal Policy has the same meaning as in the Marine and Coastal Act 2018;

Marine and Coastal Strategy has the same meaning as in the Marine and Coastal Act 2018.

25 Status of strategy

S. 25(1) amended by No. 39/1998
s. 6(2)(Sch. 1 item 6).

(1) An Authority that prepares a regional catchment strategy may recommend to a planning authority under the Planning and Environment Act 1987 amendments to a planning scheme to give effect to the strategy.

S. 25(2) substituted by No. 39/2018 s. 32(1).

(2) Without limiting the Environment Protection Act 2017, a regional catchment strategy may be incorporated in whole or in part in the following, with or without modification—

(a) an environment reference standard within the meaning of the Environment Protection Act 2017;

(b) an Order made by the Governor in Council under section 156 of the Environment Protection Act 2017.

26 Land managers to take strategy into account

(1) In carrying out a function involving land management—

(a) on behalf of the Crown; or

(b) under an Act—

a Minister or public authority must have regard to any regional catchment strategy applying to the land.

(2) Subsection (1) is in addition to and does not take away from any other duty or power of the Minister or public authority to take matters into account.

(3) A Minister or public authority need not take a provision of a regional catchment strategy into account to the extent that the provision is inconsistent with a provision of an Act other than this Act, or an instrument under an Act other than this Act.

Division 2—Special area plans

27 What are special areas?

S. 27(1) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(a)).

(1) An Authority may recommend to the Minister that—

(a) land in its region should be declared a special area; or

(b) the declaration of a special area in its region should be revoked or amended.

S. 27(2) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(b)).

(2) In its recommendation the Authority may classify the special area as a special water supply catchment area or in any other way it considers appropriate.

(3) The Minister must consider the recommendation, having regard to how the existing or potential use of the area may adversely affect—

(a) the quality and condition of land; or

(b) water quality or aquatic habitats; or

(c) aquifer recharge areas or aquifer discharge areas.

S. 27(4) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(c)).

(4) After complying with subsection (3) the Minister may accept or reject the Authority's recommendation.

S. 27(5) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(c)).

(5) If the Minister accepts the Authority's recommendation he or she may recommend that the Governor in Council make an Order under this section.

(6) On the Minister's recommendation under subsection (5) the Governor in Council, by Order published in the Government Gazette, may—

(a) declare land to be a special area; or

(b) revoke or amend that declaration.

(7) The Order may classify the special area as a special water supply catchment area or in any other way specified in the Order.

(8) Without limiting what can be recommended or declared to be a special area, roadsides or a class of roadsides in an area may be recommended and declared to be a special area.

S. 27A inserted by No. 23/2019 s. 124, repealed by No. 48/2021 s. 133.

28 What is a special area plan?

A special area plan is a document, prepared and approved in accordance with this Division and Schedule 2, setting out a plan to deal with specific land management issues in a special area.

29 Can two or more plans apply to the same area?

(1) Two or more special area plans may apply to the same special area.

(2) If there is an inconsistency between provisions of special area plans applying to the same special area, the provisions of the later approved plan prevail.

30 Contents of plan

(1) A special area plan must—

(a) identify the land management issues to be dealt with in the plan; and

S. 30(1)(ab) inserted by No. 23/2019 s. 125.

(ab) have regard to Aboriginal cultural values and traditional ecological knowledge of management of land and water resources of the special area to which the plan applies; and

(b) state the program of action to be taken to deal with those issues, and the costs and benefits of that action; and

(c) state the targets to be achieved by that action; and

(d) allocate responsibility for taking that action and for bearing the costs of taking that action; and

(e) provide for the review of the plan.

(2) A special area plan may—

(a) specify the most suitable land uses for the special area, having regard to the public interest; and

(b) state what land in the area can be used for what purpose; and

S. 30(2)(c) repealed by No. 51/2013 s. 8(1).

(d) identify the need for land use conditions under Division 3.

S. 30(2A) inserted by No. 51/2013 s. 8(2).

(2A) A special area plan must not impose any requirement on a municipal council in relation to noxious weeds or pest animals on a roadside if that roadside is subject to an approved roadside weed and pest animal management plan.

(3) If a special area plan identifies a need for land use conditions it must—

(a) give a general description of the properties to which they are to apply; and

(b) state the general nature of those conditions; and

(c) give a general estimate of the total cost of compliance with those conditions, including any decrease in the value of land or financial loss likely to result as a direct reasonable and natural consequence of compliance; and

(d) provide a method for apportioning the total estimated cost of compliance between land owners and other persons or bodies who will directly benefit from the implementation of the plan and for apportioning that part of the cost to be borne by land owners between the properties to which the conditions are to apply.

S. 30(4) repealed by No. 85/2006 s. 155.

S. 31 amended by No. 39/1998
s. 6(2)(Sch. 1 item 8).

31 Status of plan

An Authority that prepares a special area plan may recommend to a planning authority under the Planning and Environment Act 1987 amendments to a planning scheme to give effect to that plan.

32 Land managers to take special area plan into account

(1) In carrying out a function involving land management—

(a) on behalf of the Crown; or

(b) under an Act—

a Minister or public authority must have regard to any special area plan applying to the land.

(2) Subsection (1) is in addition to and does not take away from any other duty or power of the Minister or public authority to take matters into account.

(3) A Minister or public authority need not take a provision of a special area plan into account to the extent that the provision is inconsistent with a provision of an Act other than this Act, or an instrument under an Act other than this Act.

(4) This section does not oblige a Minister or public authority to implement a special area plan.

Division 3—Land use conditions

33 Secretary may serve land use conditions

(1) The Secretary may, in accordance with a special area plan, serve on a land owner a document setting out land use conditions applying to the land of the land owner.

(2) Land use conditions must—

(a) refer to the special area plan that permits the imposition of the land use conditions; and

(b) include the following information from that plan—

(i) a general description of the properties to which the land use conditions will apply; and

(ii) an estimate of the total cost of compliance with all the land use conditions; and

(iii) the method of apportioning that part of the cost to be borne by land owners between the properties to which the conditions will apply; and

(c) describe the land of the land owner to which the conditions apply; and

(d) state any amount (determined in accordance with the plan) for which the land owner is liable.

(3) Land use conditions must not require action to be taken—

(a) that is prohibited under a planning scheme under the Planning and Environment Act 1987; or

(b) for which a permit under that Act is required unless the requirement in the plan is conditional on a permit being obtained and complied with.

(4) Land use conditions must not prohibit or restrict—

S. 33(4)(a) amended by No. 63/2006 s. 61(Sch. item 5.2).

(a) exploration or mining for a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 or petroleum; or

S. 33(4)(b) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 6/2009 s. 46(1).

(b) exploration for or extraction of stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

S. 33(4)(ba) inserted by No. 7/2005 s. 170(a).

(ba) exploration for or extraction of geothermal energy or geothermal energy resources within the meaning of the Geothermal Energy Resources Act 2005; or

S. 33(4)(bb) inserted by No. 61/2008 s. 319(1)(a).

(bb) exploration for underground geological formations or injection of greenhouse gas substances into an underground geological storage formation within the meaning of the Greenhouse Gas Geological Sequestration Act 2008; or

S. 33(4)(c) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 96/1998 s. 257(1), 7/2005 s. 170(b), 63/2006 s. 61(Sch. item 5.2), 61/2008 s. 319(1)(b), 6/2009 s. 46(2).

(c) the carrying out of an activity in accordance with a lease, licence, permit or authority under the Geothermal Energy Resources Act 2005, Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998.

34 Status of land use conditions

A land use condition is binding on—

(a) the land owner served with it; and

(b) each subsequent land owner for the time being of the land to which it applies as if each had been served with the land use condition on becoming the land owner.

35 Offence to disobey land use condition

S. 35(1) amended by No. 61/2003 s. 5.

(1) A land owner of land to which a land use condition applies must comply with it.

(2) Subsection (1) does not make the Crown, a Minister or the Secretary liable for an offence.

36 Secretary may revoke land use condition

(1) At the request of the land owner or on the Secretary's own initiative, the Secretary may revoke a land use condition if—

(a) the special area plan permitting its imposition is amended to require the revocation of the land use condition; or

(b) the Secretary considers that, because of a change in circumstances since its imposition, its revocation is justified.

(2) Before revoking a land use condition the Secretary must get the consent of the Board of the region in which the land use condition applies.

(3) The Secretary must revoke a land use condition without delay if the special area plan permitting its imposition is revoked.

(4) The Secretary may revoke a land use condition under subsection (1) or (3) by serving a notice of revocation on the land owner.

(5) The notice must state why the land use condition is revoked.

Part 5—Land management notices

Division 1—General

37 When can a land management notice be issued?

(1) The Secretary may serve a land management notice on a land owner—

S. 37(1)(a) amended by Nos 61/2003 s. 6(a), 67/2006
s. 5(1).

(a) if satisfied that the land owner has failed to comply with a provision of Part 3 or with a priority area notice or a directions notice; or

S. 37(1)(b) substituted by No. 61/2003 s. 6(b).

(b) if satisfied that measures need to be taken by the land owner to eradicate or prevent the growth or spread of noxious weeds that are not State prohibited weeds.

S. 37(1A) inserted by No. 67/2006 s. 5(2).

(1A) Despite section 85(3), if the Secretary decides to serve a land management notice under subsection (1), the Secretary must take all reasonable steps to ensure that the notice is served on each land owner of the land subject to the notice.

(2) A land management notice cannot be served on the Secretary.

S. 37(3) inserted by No. 67/2006
s. 5(3).

(3) The Secretary must not serve a land management notice on a land owner if a directions notice is in force in respect of the land and of the noxious weed or pest animal for which the land management notice would be served.

S. 37(4) inserted by No. 51/2013 s. 9.

(4) The Secretary must not serve a land management notice on a municipal council if—

(a) the land management notice contains requirements to eradicate or prevent the spread of regionally prohibited weeds, regionally controlled weeds or established pest animals on the roadside of any municipal road in that municipal district; and

(b) there is an approved roadside weed and pest animal management plan operating in respect of the municipal district.

38 Contents of a notice

(1) A land management notice may do all or any of the following—

(a) prohibit or regulate land use or land management practices;

(b) require specified action to be taken to improve land management practices, prevent or minimise land degradation or rehabilitate degraded land;

(c) contain any other provision that the Secretary considers necessary to deal with the issue that led to the service of the notice.

(2) A land management notice must state the time within which it is to be complied with.

(3) At the land owner's request before the end of the compliance period or extended compliance period, the Secretary may, by notice served on the land owner, extend or further extend the compliance period.

(4) A land management notice may apply to land owned by different land owners only if it deals solely with the control of noxious weeds or pest animals or both.

S. 38(5) repealed by No. 22/2022 s. 31.

39 Requirements before service of a notice

S. 39(1)(2) repealed by No. 67/2006 s. 6.

S. 39(3) amended by No. 39/1998
s. 6(2)(Sch. 1 item 9).

(3) Before serving a land management notice the Secretary must get the consent of the Authority of the region in which the notice will apply.

(4) The Secretary does not have to get consent under subsection (3) if the land management notice only deals with the control of noxious weeds or pest animals or both.

S. 40 substituted by No. 61/2003 s. 7.

40 Status of land management notice

A land management notice is binding on—

(a) the land owner served with it; and

(b) each subsequent land owner for the time being of the land to which it applies as if each such owner had been served with the land management notice on becoming the land owner.

41 Offence to disobey notice

S. 41(1) substituted by No. 61/2003 s. 8.

(1) A land owner of land to which a land management notice applies—

(a) who has been served with the notice; or

S. 41(1)(b) amended by No. 33/2014 s. 9.

(b) to whom particulars of the notice have been given in a section 32 statement prepared in accordance with Division 2 of Part II of the Sale of Land Act 1962; or

(c) who, at the time of becoming owner of the land, was aware or ought reasonably to have been aware of the notice—

must comply with the notice.

(2) Subsection (1) does not make the Crown, a Minister or the Secretary liable for an offence.

S. 41(3) inserted by No. 51/2013 s. 10.

(3) A municipal council does not commit an offence under subsection (1) if, at the time the land management notice was served, there was a declaration under section 22A in effect in respect of the municipal district of the municipal council and a roadside weed and pest animal management plan was being prepared by the municipal council.

42 Revocation of land management notice

(1) At the land owner's request or on the Secretary's own initiative the Secretary may, by notice served on the land owner, revoke a land management notice.

S. 42(2) amended by No. 39/1998
s. 6(2)(Sch. 1 item 10).

(2) Before revoking a land management notice the Secretary must get the consent of the Authority of the region in which the notice applies.

S. 42(3) inserted by No. 61/2003 s. 9.

(3) Subsection (2) does not apply to a land management notice that only deals with the control of noxious weeds or pest animals or both.

S. 42A inserted by No. 61/2003 s. 10.

42A Variation of land management notice

(1) The Secretary may, before the end of the compliance period or extended compliance period, serve a notice on the land owner varying the requirements contained in a land management notice.

(2) A variation under subsection (1) may only be made at the request of a land owner who became the land owner of land to which the land management notice applied after the land management notice was served.

(3) In considering whether to vary the requirements of a land management notice under subsection (1), the Secretary must take into account—

(a) any change in land use proposed by the land owner; and

(b) the type and extent of work to be carried out or measures or action to be taken that would be reasonable in the circumstances.

Division 2—Interim land management notices

43 Interim land management notices

(1) The Secretary may serve an interim land management notice if the Secretary considers that there is an immediate and serious threat of land degradation that could be prevented or minimised by the taking of appropriate action.

(2) The Secretary can serve an interim land management notice applying to land, whether or not in common ownership.

(3) The Secretary can only serve an interim land management notice applying to Crown land if the land is held under a lease or licence and the notice is served on the lessee or licensee.

(4) An interim land management notice must state the date on which it comes into operation and the time within which it is to be complied with.

(5) Unless sooner revoked an interim land management notice expires on the 60th day after its stated date of operation.

(6) If an interim land management notice applying to land expires or is revoked the Secretary must not serve another interim land management notice applying to that land and to the same land degradation unless the Secretary is satisfied that the threat of land degradation has become more serious or some other change in circumstances justifies the service of the notice.

S. 43(7) amended by No. 61/2003 s. 11.

(7) A land owner served with an interim land management notice must comply with it.

(8) Subsection (7) does not make the Crown, a Minister or the Secretary liable for an offence.

S. 43(8A) inserted by No. 51/2013 s. 11(1).

(8A) A municipal council does not commit an offence under subsection (7) if, at the time the interim land management notice was served, there was a declaration under section 22A in effect in respect of the municipal district of the municipal council and a roadside weed and pest animal management plan was being prepared by the municipal council.

(9) Sections 37, 39 and 41 do not apply to an interim land management notice but, otherwise, Division 1 applies to an interim land management notice in the same way as it does to a land management notice.

S. 43(10) inserted by No. 51/2013 s. 11(2).

(10) The Secretary must not serve an interim land management notice on a municipal council if—

(a) the interim land management notice contains requirements to eradicate or prevent the spread of regionally prohibited weeds, regionally controlled weeds or established pest animals on the roadside of any municipal road in the municipal district of the municipal council; and

(b) there is an approved roadside weed and pest animal management plan operating in respect of the municipal district.

S. 44 amended by No. 39/1998
s. 6(2)(Sch. 1 item 11).

44 Authority to be advised when notice served

Within 14 days after serving an interim land management notice the Secretary must give written advice of this to the Authority of the region in which the notice applies.

Division 3—Land management notices and interim land management notices

45 Guidelines

(1) The Minister may prepare written guidelines about the content of land management notices and the circumstances in which they may be served.

S. 45(2) substituted by No. 48/2021 s. 114.

(2) In preparing these guidelines, the Minister must consult with any other Minister whose interests the Minister considers are likely to be affected by the guidelines.

(3) The Secretary must take these guidelines into account when preparing or serving land management notices.

S. 46 amended by No. 61/2003 s. 12, substituted by No. 67/2006 s. 7.

46 Landowner to notify Secretary of compliance with notice

(1) A land owner served with a land management notice must give a notice in writing, in accordance with subsection (2), to the Secretary advising the Secretary as to whether or not the land owner has taken measures to comply with the notice and—

(a) in the case of a land owner who has taken any such measures, give in the notice, the prescribed particulars as to the measures that the land owner has taken; or

(b) in the case of a land owner who has not taken any such measures, give in the notice, the reason why the land owner has not done so.

(2) A notice under subsection (1) must be given to the Secretary no later than 7 days after the time for compliance with the land management notice that is set out, under section 38(2), in the land management notice.

47 Relationship between land management notices and land use conditions

(1) The Secretary cannot serve a land management notice applying to land if the notice would conflict with or duplicate a land use condition applying to that land.

(2) If a land management notice applies to land and a land use condition is later imposed that applies to that land and conflicts with or duplicates that notice, the land management notice is revoked, to the extent of that inconsistency or duplication, on the date when the land use condition is served on the land owner.

Pt 5A (Heading and ss 47A–47F) inserted by No. 67/2006 s. 8.

Part 5A—Priority area notice

S. 47A inserted by No. 67/2006 s. 8.

47A Notice of declaration of priority area

(1) The Minister may, by notice, declare an area of land to be a priority area for the control or eradication of any regionally prohibited weed, regionally controlled weed or established pest animal specified in the declaration.

(2) A notice of the Minister under subsection (1) must be published—

(a) in the Government Gazette; and

(b) in a newspaper circulating generally in the area specified in the notice.

(3) A notice under subsection (1) has effect from—

(a) the date of publication in the Government Gazette; or

(b) the date of publication in the newspaper—

whichever is the later.

(4) A notice under subsection (1) must identify the area of land to which it applies, and may identify that area of land by reference to a plan or map of the land.

(5) For the purposes of subsection (4), the notice may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—

(a) wholly or partly or as amended by the notice; or

(b) as formulated, issued, prescribed or published at the time the notice was made or at any time before that time.

S. 47B inserted by No. 67/2006 s. 8.

47B Contents of priority area notice

(1) In a priority area notice, the Minister must—

(a) set out the category of noxious weed or pest animal to which the notice applies; and

(b) set out the measures that may be taken by land owners to control or eradicate the noxious weed or pest animal; and

(c) set out the time within which measures must be taken.

(2) Any measure set out in a priority area notice must be a measure that is prescribed by the regulations.

S. 47C inserted by No. 67/2006 s. 8.

47C Service of copy of notice on land owner

The Minister may cause a copy of a priority area notice to be served on each land owner of land within the priority area.

S. 47D inserted by No. 67/2006 s. 8.

47D Offence to fail to comply with notice

(1) If there is on land within a priority area, a noxious weed or pest animal of the category specified in the priority area notice, and if the land owner of the land has been served with a copy of the notice under section 47C, the land owner—

(a) must take one or more of the measures that are specified in the notice, in accordance with the notice, on that land; and

(b) must take those measures within the time specified in the notice for taking measures.

(2) Subsection (1) does not apply to a land owner to the extent that any land management notice that has been served on that land owner applies to the same noxious weed or pest animal and the same land as that to which the priority area notice applies.

S. 47D(3) inserted by No. 51/2013 s. 12.

(3) A municipal council does not commit an offence under subsection (1) in respect of any roadside of a municipal road in its municipal district if—

(a) the roadside is within the priority area; and

(b) there is an approved roadside weed and pest animal management plan in operation in respect of the municipal district.

S. 47E inserted by No. 67/2006 s. 8.

47E Land owner to notify Secretary of measures taken

(1) If a land owner in a priority area has been served with a copy of the notice in accordance with section 47C, the land owner must give a notice in writing, in accordance with subsection (2), to the Secretary advising the Secretary as to whether or not the land owner has taken measures in accordance with the priority area notice, and—

(a) in the case of a land owner who has taken any such measures, give in the notice, the prescribed particulars as to the measures that the land owner has taken; or

(b) in the case of a land owner who has not taken any such measures, give in the notice, the reason why the land owner has not done so.

(2) A notice under subsection (1) must be given to the Secretary no later than 7 days after the time for compliance with the priority area notice that is set out, under section 47B(1)(c), in the priority area notice.

S. 47F inserted by No. 67/2006 s. 8.

47F Relationship between this Part and Part 5

Nothing in this Part is to be taken as preventing the Secretary from serving a land management notice on a land owner in relation to any land that is also the subject of a priority area notice.

Part 6—Review of land use conditions and land management notices

48 Review by Victorian Civil and Administrative Tribunal

S. 48(1) amended by No. 52/1998
s. 311(Sch. 1 item 12.2(a) (b)).

(1) A person served with a land use condition or land management notice may apply to the Victorian Civil and Administrative Tribunal for review of the decision—

(a) to serve the condition or notice; or

(b) to include a specified provision in the condition or notice.

S. 48(2) amended by No. 52/1998
s. 311(Sch. 1 item 12.3(a)).

(2) A person served with a land use condition or land management notice who has requested the revocation of the condition or notice may apply to the Victorian Civil and Administrative Tribunal for review of—

(a) a failure to grant that request within 14 days after it is made; or

(b) a decision refusing that request.

S. 48(2A) inserted by No. 61/2003 s. 13(1).

(2A) A person who has requested a variation of the requirements contained in a land management notice may apply to the Victorian Civil and Administrative Tribunal for review of—

(a) a failure to grant that request within 14 days after it was made; or

(b) a decision refusing that request.

S. 48(3) amended by No. 61/2003 s. 13(2).

(3) Subsections (1), (2) and (2A) do not apply to a land management notice that deals only with the control of noxious weeds or pest animals or both.

(4) The application for review must be made within 30 days after—

(a) the date the applicant was served with the land management notice or land use condition; or

(b) the date on which request for revocation of the notice or condition was refused; or

S. 48(4)(c) amended by No. 61/2003 s. 13(3)(a).

(c) the end of the 14 day period referred to in subsection (2); or

S. 48(4)(d) inserted by No. 61/2003 s. 13(3)(b).

(d) whichever is the earlier of—

(i) the date on which the request for a variation of the requirements contained in a land management notice was refused; or

(ii) the end of the 14 day period referred to in subsection (2A)—

as the case requires.

S. 48(5) repealed by No. 52/1998
s. 311(Sch. 1 item 12.3(b)).

S. 48A inserted by No. 52/1998
s. 311(Sch. 1 item 12.4).

48A Application for declaration

(1) A person may apply to the Victorian Civil and Administrative Tribunal for a declaration concerning the validity of a decision referred to in section 48(1).

(2) On an application under subsection (1) the Tribunal may make any declaration it thinks appropriate in the circumstances.

(3) The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal.

S. 48A(4) inserted by No. 61/2003 s. 14.

(4) Subsection (1) does not apply to a decision in respect of a land management notice that deals only with the control of noxious weeds or pest animals or both.

S. 48B inserted by No. 52/1998
s. 311(Sch. 1 item 12.4).

48B Matters Tribunal must take into account

In determining an application under section 48 or 48A the Tribunal must—

(a) take into account any relevant planning scheme; and

S. 48B(b) amended by No. 81/2004 s. 45.

(b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the Planning and Environment Act 1987 but not, as at the date the application is determined, approved by the Minister or the planning authority; and

S. 48B(c) substituted by No. 39/2018 s. 32(2) (as amended by No. 27/2019 s. 43).

(c) take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017 or any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017.

Part 7—Extractive activities

49 Definitions

In this Part—

extractive activity means the extraction for sale or removal of soil, sand, gravel or stone or other similar material to a depth of up to 2 metres below the natural surface, if the total of the areas of the surface broken up by the extraction or removal is more than 2000 square metres;

site manager means the person under whose direction an extractive activity is carried out.

50 Application of Part

This Part does not apply to an extractive activity carried out—

S. 50(a) amended by No. 35/1998
s. 12(2).

(a) on Crown land (other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993); or

(b) by the Crown; or

S. 50(c) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 63/2006 s. 61(Sch. item 5.2), 6/2009 s. 46(3).

(c) under the Water Act 1989 or the Mineral Resources (Sustainable Development) Act 1990; or

(d) under a provision of an Act, or an instrument made under an Act, authorising, expressly or by necessary implication, that activity; or

(e) solely for the purpose of grading land in the course of primary production.

51 Offence to carry out unauthorised extractive activity

(1) A person must not carry out an extractive activity unless the Secretary has issued an authority for that activity.

1. First offence: 10 penalty units.

Subsequent offence: 20 penalty units.

Additional penalty for each day on which offence continues after conviction: 4 penalty units.

(2) A site manager who is the holder of an authority under this Part must comply with the authority.

1. First offence: 20 penalty units.

Subsequent offence: 40 penalty units.

Additional penalty for each day on which offence continues after conviction: 10 penalty units.

52 How to obtain an authority

(1) A site manager may apply to the Secretary for authority to carry out an extractive activity or class of extractive activities.

(2) The application must—

(b) describe the land where the activities are to be carried out; and

(c) state the extent of the area or areas to be broken up; and

(d) give details of the activities (including the period during which they will be carried out); and

(e) if the site manager is not the land owner, explain how access to the land is to be obtained; and

(f) be accompanied by the fee (if any) determined in accordance with the Conservation, Forests and Lands Act 1987.

(3) The Secretary, by notice served on the applicant, may ask the applicant to give more information about the application within the time stated in the notice.

(4) Subject to this section, the Secretary may issue or refuse the authority.

(5) The Secretary must not issue an authority if to do so would be inconsistent with a land use condition or land management notice applying to the land.

(6) Before issuing an authority to carry out an extractive activity on the bed or banks of a waterway, the Secretary must consult with—

(a) the Minister administering the Water Act 1989; and

(b) the Authority under that Act in whose waterway management district the land is located; and

(c) the Environment Protection Authority.

53 Contents of authority

(1) An authority—

(a) must be in writing; and

(b) may be subject to conditions determined by the Secretary and specified in the authority; and

(c) remains in force for the period, not exceeding five years, specified in the authority.

(2) Conditions specified in the authority may include but are not limited to conditions concerning—

(a) land rehabilitation;

(b) access to land to carry out the activity;

(c) how the activity is to be carried out;

(d) the lodgement of a bond or security to secure compliance with the authority;

(e) the prevention or minimisation of land degradation;

(f) the material that must not be removed.

54 Use of security where conditions breached

(1) To the extent that it is not used under this section, the Secretary must return or repay a bond or security lodged with the Secretary in accordance with the conditions of an authority under this Part if the authority is revoked or expires and is not renewed.

(2) If the Secretary is satisfied that the holder of an authority is in breach of a condition of the authority requiring work to be done, the Secretary may cause the work to be done and recover the cost of the work—

(a) from any bond or security lodged in accordance with the authority with the Secretary; or

(b) if the bond or security is not enough to meet the cost or no bond or security has been lodged, as a debt due to the Secretary.

55 Expiry of old authority where application pending

If, while an authority under this Part is in force, the site manager has applied for a new authority for the same extractive activity and the expiry date of the old authority occurs before the application for the new authority is determined, the old authority remains in force until the application is determined, despite anything to the contrary in this Part or that authority.

56 Secretary may suspend or revoke authority

(1) The Secretary, by notice served on the holder of an authority under this Part, may suspend or revoke the authority if satisfied that a condition of the authority has not been complied with.

(2) The suspension may be expressed to be for a stated period or until the conditions of the authority are complied with.

(3) Before suspending or revoking an authority the Secretary must—

(a) serve notice of the proposed suspension or revocation on the holder of the authority, specifying the grounds for the proposal; and

(b) allow the holder of the authority reasonable opportunity to make written or oral submissions to the Secretary about the matter; and

(c) consider any submissions made in accordance with paragraph (b).

(4) While an authority is suspended the holder is deemed not to have been issued the authority.

(5) The Secretary may, by notice served on the holder of the authority, revoke the suspension of an authority.

57 Relationship between this Part and Part 3

The carrying out of an extractive activity in accordance with an authority under this Part does not constitute a breach by a land owner of a duty under Part 3.

Part 8—Noxious weeds and pest animals

Division 1—Classification of pests

58 Classification of pests—general

(1) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may declare—

S. 58(1)(a) amended by No. 48/2010 s. 5.

(a) a plant to be a State prohibited weed, regionally prohibited weed, regionally controlled weed or restricted weed; or

(b) an animal to be a prohibited pest animal, controlled pest animal, regulated pest animal or an established pest animal.

(2) An Order declaring a plant to be a State prohibited weed must apply to the whole State.

(3) Any other Order may apply to the whole or a specified part of the State.

S. 58(4) amended by No. 67/2006 s. 9.

(4) The Minister may only recommend a plant for declaration under this Part if satisfied that it is, or has or may have the potential to become, a serious threat to primary production, Crown land, the environment or community health in Victoria or in another State or a Territory of the Commonwealth.

S. 58A inserted by No. 61/2003 s. 15.

58A Emergency declaration of State prohibited weed

(1) The Minister may, by a notice published in the Government Gazette, declare a plant to be a State prohibited weed.

(2) The declaration must apply to the whole State.

(3) The declaration must—

(a) state that it is an emergency weed declaration; and

(b) state the nature of the emergency; and

(c) if the plant is already declared to be a noxious weed of a different category, state its former category.

(4) A copy of the notice must be published—

(5) The Minister must not make a declaration under this section in relation to a plant unless he or she is satisfied that urgent action is needed to protect the State from an adverse economic, environmental or social impact caused or likely to be caused by the plant.

(6) If under the declaration the category of a noxious weed has changed, the declaration of the former category of the noxious weed ceases to have effect while the declaration made under this section is in force.

(7) The Minister must revoke the declaration by a notice published in the Government Gazette as soon as possible after being satisfied that the emergency no longer exists.

(8) Unless earlier revoked, the declaration ceases to have effect 3 months after the notice under subsection (4) is published in the Government Gazette.

(9) A copy of a notice under subsection (7) must be published—

S. 58B inserted by No. 48/2010 s. 6.

58B Emergency declaration of prohibited pest animal

(1) The Minister may, by a notice published in the Government Gazette, declare an animal to be a prohibited pest animal.

(2) The declaration must apply to the whole State.

(3) The declaration must—

(a) state that it is an emergency pest animal declaration; and

(b) state the nature of the emergency; and

(c) if the animal is already declared to be a pest animal of a different category, state its former category.

(4) A copy of the notice must be published—

(5) The Minister must not make a declaration under this section in relation to an animal unless the Minister is satisfied that urgent action is needed to protect the State from an adverse economic, environmental or social impact caused or likely to be caused by the animal.

(6) If under the declaration the category of a pest animal has changed, the declaration of the former category of the pest animal ceases to have effect while the declaration made under this section is in force.

(7) The Minister must revoke the declaration by a notice published in the Government Gazette as soon as possible after being satisfied that the emergency no longer exists.

(8) Unless earlier revoked, the declaration ceases to have effect 3 months after the notice under subsection (1) is published in the Government Gazette.

(9) A copy of a notice under subsection (7) must be published—

S. 58C inserted by No. 22/2022 s. 32.

58C Declaration of notifiable species

(1) The Minister, by notice published in the Government Gazette, may declare a State prohibited weed or a restricted pest animal to be a notifiable species.

(2) A declaration must apply to the whole State.

(3) A declaration comes into effect on the day on which the notice is published in the Government Gazette.

(4) The Minister, by notice published in the Government Gazette, must vary a declaration under subsection (1) to remove a notifiable species from being subject to the declaration if—

(a) the notifiable species is no longer a State prohibited weed or a restricted pest animal; or

(b) the Minister is satisfied that the notifiable species has been eradicated or is not able to be eradicated; or

(c) the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration.

(5) The Minister, by notice published in the Government Gazette, must revoke a declaration under subsection (1) if—

(a) every notifiable species subject to the declaration is no longer a State prohibited weed or a restricted pest animal; or

(b) if the Minister is satisfied that every notifiable species subject to the declaration has been eradicated or is not able to be eradicated; or

(c) the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration; or

(d) the Minister is satisfied there is another reason why the declaration is no longer required.

(6) A copy of a notice under subsection (1), (4) or (5) must be published—

(b) on the Department's Internet site.

(7) A declaration ceases to have effect on the day on which a notice under subsection (5) is published in the Government Gazette.

(8) A person who suspects the presence of a notifiable species on land must without delay notify the Secretary of that fact by the quickest means of communication available to that person.

S. 59 (Heading) inserted by No. 61/2003 s. 16(1).

59 What cannot be declared under this Part?

S. 59(1) substituted by No. 61/2003 s. 16(2), amended by No. 28/2019 s. 45(1).

(1) The Minister cannot recommend a plant under section 58 or declare a plant under section 58A if it is part of a taxon of flora or community of flora specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988.

(2) The Minister cannot recommend for declaration under this Part—

(a) fish; or

(b) an invertebrate animal.

S. 59(3) amended by No. 48/2010 s. 7.

(3) The Minister cannot recommend an animal for declaration under this Part or declare an animal under section 58B if it is—

S. 59(3)(a) amended by Nos 61/2003 s. 16(3), 28/2019 s. 45(2).

(a) part of a taxon of fauna or community of fauna specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988; or

(b) declared to be endangered wildlife or notable wildlife under the Wildlife Act 1975.

(4) The Minister must not recommend an animal for declaration under this Part if the Minister is satisfied that—

(b) it is widely kept in Victoria as a domestic animal, pet or farm animal, or for a prescribed purpose; and

(c) there is no public interest requiring control of its importation, keeping or sale.

(5) Subsection (4) does not prevent the recommendation for declaration under this Part of the feral or wild population of an animal referred to in that subsection.

60 What are State prohibited weeds?

The Minister may recommend a plant for declaration as a State prohibited weed if satisfied that—

(a) it does not occur in Victoria; or

(b) it occurs in Victoria but it is reasonable to expect that it can be eradicated from the State.

61 What are regionally prohibited weeds?

The Minister may recommend a plant for declaration as a regionally prohibited weed in a specified region if satisfied that—

S. 61(a) amended by No. 67/2006 s. 10(a).

(a) it does not occur or it is not widely distributed throughout the region; and

S. 61(b) amended by No. 67/2006 s. 10(b).

(b) it is capable of growing or spreading further in the region; and

(c) it is reasonable to expect that it can be eradicated from the region.

62 What are regionally controlled weeds?

The Minister may recommend a plant for declaration as a regionally controlled weed in a specified region if satisfied that—

(a) it occurs in the region; and

(b) it is capable of spreading further in the region and should be stopped from doing so; and

(c) to prevent its spread, continuing control measures are required.

63 What are restricted weeds?

The Minister may recommend a plant for declaration as a restricted weed if satisfied that—

(a) it is a serious threat to primary production, Crown land, the environment or community health in another State or Territory; and

S. 63(b) repealed by No. 67/2006 s. 11.

(c) if sold or traded in Victoria there would be an unacceptable risk of it spreading within Victoria and to other States or Territories.

64 What are prohibited pest animals?

The Minister may recommend an animal for declaration as a prohibited pest animal if satisfied that—

(b) either—

(i) it is a serious threat to primary production, Crown land, the environment or community health in a place outside Victoria; or

(ii) its potential to threaten primary production, Crown land, the environment or community health in Victoria is unknown; and

(c) its importation, keeping and sale should be banned.

65 What are controlled pest animals?

The Minister may recommend an animal for declaration as a controlled pest animal if satisfied that—

(b) it has a high potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria; and

(c) it should only be kept in high security collections approved by the Minister.

66 What are regulated pest animals?

The Minister may recommend an animal for declaration as a regulated pest animal if satisfied that—

(b) it is, or has the potential to become, a serious threat to primary production, Crown land, the environment or community health in Victoria; and

(c) it should only be kept in collections or at premises approved by the Minister.

67 What are established pest animals?

The Minister may recommend an animal for declaration as an established pest animal if satisfied that—

(a) it is established in the wild in Victoria; and

(b) it is a serious threat to primary production, Crown land, the environment or community health in Victoria; and

(c) it should be eradicated or controlled or its spread in the wild should be prevented.

68 Revocation of declaration

S. 68(1) amended by No. 61/2003 s. 17.

(1) The Minister may recommend to the Governor in Council that the declaration of a plant or animal under section 58 should be revoked if satisfied that—

(a) there is no longer a need for the plant or animal to be eradicated or its spread to be controlled; or

(b) the plant or animal should be included in another classification under this Division.

(2) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may revoke the declaration.

69 Action before recommendation

(1) Before making a recommendation under this Division relating to an animal the Minister must—

S. 69(1)(a) repealed by No. 39/1998
s. 6(2)(Sch. 1 item 12(a)).

(b) have regard to how the animal is classified under any pest control system under a law of the Commonwealth, another State or a Territory and the need for national uniformity in the classification of pest animals.

S. 69(2) substituted by No. 35/2009 s. 9, repealed by No. 48/2021 s. 115(1).

S. 69(3) amended by No. 39/1998
s. 6(2)(Sch. 1 item 12(b)), substituted by No. 35/2009 s. 9, amended by No. 48/2021 s. 115(2).

(3) Before making any of the following recommendations, the Minister must get advice on the proposal from the Authority of the region in which the declaration applies or will apply—

(a) a recommendation to declare a plant as a noxious weed;

(b) a recommendation to revoke a declaration of a plant as a noxious weed;

(c) a recommendation to amend an Order under section 58—

(i) to declare a plant as a noxious weed; or

(ii) to revoke the declaration of a plant as a noxious weed.

S. 69(4) amended by Nos 39/1998
s. 6(2)(Sch. 1 item 12(c)), 48/2021 s. 115(3).

(4) The advice of an Authority under subsection (3) must include—

(a) an assessment of the extent and severity of impact of the animal or plant in Victoria; and

(b) suggested measures for the management of any infestation of the animal or plant; and

(c) an estimate of the cost of these measures and how it might be funded.

S. 69(5) amended by Nos 39/1998
s. 6(2)(Sch. 1 item 12(d)), 48/2021 s. 115(4).

(5) The Minister may, in a particular case or class of cases, exempt an Authority from complying with subsection (4).

S. 69(6) inserted by No. 67/2006 s. 12.

(6) Subsection (3) does not apply if the Minister is satisfied that the plant is not or has not or does not have the potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria.

S. 69A inserted by No. 35/2009 s. 10.

69A Amendment to Order under section 58

(1) The Minister may recommend to the Governor in Council that an Order under section 58 should be amended—

(a) to declare an additional plant or animal in a classification referred to in section 58(1); or

(b) to revoke a declaration of a plant or animal.

(2) In making a recommendation for an amendment of an Order under subsection (1)(a), the Minister must be satisfied of the matters set out in this Division as to the declaration of the plant or animal in that particular classification.

(3) In making a recommendation for the amendment of an Order under subsection (1)(b), the Minister must be satisfied of either of the matters set out in section 68(1) in respect of the plant or animal.

(4) On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may amend the declaration.

Division 2—General control of noxious weeds and pest animals

70 Controlling noxious weeds

S. 70(1) substituted by No. 61/2003 s. 18(1).

(1) The Secretary may—

(a) by instrument served on a land owner give directions to the land owner to prevent the growth or spread of State prohibited weeds; or

(b) by instrument served on the owner or person in possession of grain, fodder, equipment, vehicles or animals that the Secretary considers likely to spread noxious weeds, give directions to the owner or person in possession to restrict the movement of that grain, fodder, equipment or those vehicles or animals from, on or to land.

S. 70(2) substituted by No. 61/2003 s. 18(2).

(2) A land owner served with a direction under subsection (1)(a) must comply with it.

S. 70(2A) inserted by No. 61/2003 s. 18(3).

(2A) A person served with a direction under subsection (1)(b) must comply with it.

S. 70(3) substituted by No. 61/2003 s. 18(4).

(3) A person on whom a direction has been served under this section must bear the cost of complying with the direction.

S. 70A (Heading) amended by No. 48/2010 s. 8(1).

S. 70A inserted by No. 61/2003 s. 19.

70A Removing particular vehicles or other things on to or from a road

S. 70A(1) amended by Nos 48/2010 s. 8(4), 22/2022 s. 33.

(1) A person must not remove a vehicle, trailer, machinery or equipment that is used or intended to be used for carrying, moving or transporting—

S. 70A(1)(a) amended by No. 48/2010 s. 8(2).

(a) hay, grain, stone, gravel, soil, plant material, fodder or livestock; or

S. 70A(1)(b) substituted by No. 48/2010 s. 8(3).

(b) machinery or equipment—

(i) used for building and maintaining a road or roadside; or

(ii) used for building and maintaining electricity, gas, water, telecommunications or rail infrastructure; or

(iii) used for the purposes of primary production or earth works—

from land on to a road or from a road on to land without first taking reasonable precautions to ensure that the vehicle, trailer, machinery or equipment is free from—

(c) the seeds of any noxious weed; and

(d) any other part of a noxious weed that is capable of growing.

S. 70A(2) amended by No. 48/2010 s. 8(5).

(2) A person must not remove machinery, implements or other equipment from land on to a road or from a road on to land without first taking reasonable precautions to ensure that the equipment is free from—

(a) the seeds of any noxious weed; and

(b) any other part of a noxious weed that is capable of growing.

S. 70B inserted by No. 67/2006 s. 13.

70B Directions notice

(1) The Secretary may serve a notice on a land owner giving the land owner directions as to measures to be taken on the land of the land owner for the control or eradication of any regionally prohibited weed, regionally controlled weed or established pest animal that is specified in the notice.

(2) In a notice under this section, the Secretary must—

(a) set out the category of noxious weed or pest animal to which the notice applies; and

(b) set out the measures that may be taken by the land owner to control or eradicate the noxious weed or pest animal; and

(c) set out the time within which such measures must be taken; and

(d) describe the land on which the measures are to be taken.

(3) Any measure set out in a notice under subsection (1) must be a measure that is prescribed by the regulations.

S. 70B(4) inserted by No. 51/2013 s. 13.

(4) The Secretary must not serve a notice under subsection (1) on a municipal council in respect of the roadside of any municipal road in its municipal district if an approved roadside weed and pest animal management plan is in operation in respect of the municipal district.

S. 70C inserted by No. 67/2006 s. 13, amended by No. 51/2013 s. 14 (ILA s. 39B(1)).

70C Offence to fail to comply with directions notice

(1) A land owner on whom a directions notice has been served—

(a) must take one or more of the measures that are specified in the notice, in accordance with the notice; and

(b) must take those measures within the time specified in the notice for the taking of the measures.

S. 70C(2) inserted by No. 51/2013 s. 14.

(2) A municipal council does not commit an offence under subsection (1) if, at the time the directions notice was served, there was a declaration under section 22A in effect in respect of the municipal district of the municipal council and a roadside weed and pest animal management plan was being prepared by the municipal council.

S. 70D inserted by No. 67/2006 s. 13.

70D Land owner to notify Secretary of measures taken under directions notice

(1) A land owner on whom a directions notice has been served must give a notice in writing to the Secretary, in accordance with subsection (2), advising the Secretary as to whether or not the land owner has taken measures in accordance with the notice, and—

(a) in the case of a land owner who has taken any such measures, give in the notice, the prescribed particulars as to the measures that the land owner has taken; or

(b) in the case of a land owner who has not taken any such measures, give in the notice, the reason why the land owner has not done so.

(2) A notice under subsection (1) must be given to the Secretary no later than 7 days after the time for compliance with the directions notice that is set out, under section 70B(2)(c), in the directions notice.

S. 71 amended by Nos 61/2003 s. 20, 67/2006 s. 14, substituted by No. 22/2022 s. 34.

71 Offences relating to the spread of noxious weeds

(1) A person must not, without a permit from the Secretary, buy or offer to buy in Victoria any of the following—

(2) A person must not, without a permit from the Secretary, sell or offer to sell in Victoria any of the following—

(3) A person must not, without a permit from the Secretary, possess for the purposes of sale in Victoria any of the following—

(4) A person must not, without a permit from the Secretary, display in Victoria any of the following—

(5) A person must not, without a permit from the Secretary, plant or propagate in Victoria any of the following—

(6) A person must not, without a permit from the Secretary, wilfully bring or cause to be brought into Victoria any of the following—

(7) A person must not, without a permit from the Secretary, transport within Victoria any of the following—

(8) A person must not, without a permit from the Secretary, remove or cause to be removed, soil, sand, gravel or stone which—

(a) contains a noxious weed; or

(b) contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or

(c) comes from land on which noxious weeds grow.

(9) A person must not, without a permit from the Secretary, sell soil, sand, gravel or stone which—

(a) contains or is likely to contain any part of a noxious weed; or

(b) contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or

(c) comes from land on which noxious weeds grow.

(10) A person must not, without a permit from the Secretary, remove or cause to be removed, fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.

(11) A person must not, without a permit from the Secretary, sell fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.

(12) A person must not, without a permit from the Secretary, remove or cause to be removed, a substance, vehicle, equipment or machinery or any other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.

(13) A person must not, without a permit from the Secretary, sell or hire, or offer for hire, a substance, vehicle, equipment, machinery or other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.

(14) A person must not, without a permit from the Secretary, sell an animal which is carrying the seeds or any other part of a noxious weed that is capable of growing.

Penalty: 480 penalty units, in the case of seeds of a State prohibited weed.

240 penalty units, in the case of seeds of a regionally prohibited weed.

60 penalty units, in the case of seeds of a regionally controlled weed.

60 penalty units, in the case of seeds of a restricted weed.

(15) A person must not, without a permit from the Secretary, remove any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.

(16) A person must not, without a permit from the Secretary, sell any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.

(17) A person must not, without a permit from the Secretary, deposit on land—

(a) a noxious weed; or

(b) the seeds of a noxious weed that are apparently capable of germinating.

(18) Subsection (14) does not apply to the sale of farm animals direct to a meat processing facility within the meaning of the Meat Industry Act 1993.

S. 71A inserted by No. 22/2022 s. 34.

71A Permits relating to noxious weeds

(1) A person may apply to the Secretary in writing for a permit, or the renewal of a permit, to do any of the things referred to in section 71(1) to (17).

(2) A person must apply for the renewal of a permit before the permit expires.

(3) An application under subsection (1) must be accompanied by the fee (if any) determined in accordance with the Conservation, Forests and Lands Act 1987 for applications of that kind.

(4) Subject to this section, the Secretary may by instrument grant or refuse an application under subsection (1).

(5) A permit may be granted for a period of up to 3 years which must be specified in the permit.

(6) A permit—

(a) must state the acts or things to which it relates and the person to whom it applies; and

(b) may be general or limited in application; and

(c) may be subject to any conditions specified in the permit; and

(d) may require the payment of an annual fee (determined in accordance with the Conservation, Forests and Lands Act 1987) specified in the permit; and

(e) may provide for review of the annual fee.

(7) A condition imposed on a permit may—

(a) provide that activities permitted under the permit are limited to being carried out by a specified person or person of a specified class of person on behalf of the permit holder; and

(b) limit the activities permitted under the permit to being carried out at specified areas or places or at specified times.

(8) A person granted a permit must comply with its conditions.

Penalty: 120 penalty units.

S. 71B inserted by No. 22/2022 s. 34.

71B Revocation of permit granted under section 71A

(1) The Secretary, by notice served on the holder of a permit granted under section 71A, may revoke the permit if the holder has contravened this Act or any of the conditions of the permit.

(2) Before revoking a permit, the Secretary must—

(a) give notice of the proposal to the permit holder, specifying—

(i) the grounds for the proposed revocation; and

(ii) that the person may make written or oral submissions about the matter within 28 days after the date of service of the notice; and

(b) consider any submissions made in accordance with paragraph (a).

S. 71C inserted by No. 22/2022 s. 34.

71C Permit holder may surrender permit

The holder of a permit granted under section 71A may, in writing to the Secretary, surrender the permit.