Creates a corporate body called the Secretary to the Department of Energy, Environment and Climate Action to perform land, forest and conservation functions (s.6). The Secretary is subject to the Minister's direction (s.7) and may be delegated powers (s.11).
Gives the Secretary power to acquire, hold, dispose of and manage land and interests in land for the purposes of Acts listed in Schedule 1 (ss.13–17; Sch.1). Proceeds of disposals are paid into the Consolidated Fund (s.15(4)).
Establishes a system of land management co‑operative agreements between the Secretary (and, where relevant, Parks Victoria or the Great Ocean Road Coast and Parks Authority) and private land owners. Those agreements may limit land use, require works or inspections, create repayment or indemnity obligations, allow public access and (if specified) be registered on title so they bind successors (ss.68–72, 70(1)(a)–(n), 71–72, 79).
Gives the Minister power to make Codes of Practice that specify standards and procedures for implementing relevant laws, sets out a public consultation and publication process for Codes, and permits incorporation of Codes by regulation (ss.31–40, 33–38, 37A, 40).
Creates a Parks Victoria land record (Secretary to maintain) and rules that on inclusion in that record rights, liabilities and management responsibilities for named matters transfer to Parks Victoria (ss.67A–67E, 67B–67C, 67E–67M).
Establishes Traditional Owner Land Management Boards with corporate status, sets appointment rules (including a requirement that a majority of members be nominated by the traditional owner group entity in many cases), and requires joint preparation, public consultation and Ministerial approval of management plans for appointed land (Part 8A: ss.82A, 82B, 82M(3), 82PA–82PI, 82PH).
Mechanically, the Conservation, Forests and Lands Act 1987 (as updated to 22 October 2025 in the provided text) establishes the institutional and regulatory framework for the State's management of Crown and certain other land, and sets out administrative, financial, enforcement and planning powers relevant to conservation, forests and land. Key mechanical elements include:
Creation of the Secretary as a body corporate, the Department Head occupying that corporate office and the transfer of functions to that body (ss 1, 6, 10). The Secretary is a corporate entity with powers to hold property, sue and be sued (s 6(1)-(4)); the Secretary is subject to ministerial direction and must report to the Minister (s 7).
Powers to acquire, dispose of and accept land and easements for the purposes of the Act and related Acts (ss 13-17), subject to the Land Acquisition and Compensation Act 1986 (s 14).
Financial powers including contracting, budgeting and two dedicated Treasury accounts (Conservation, Forests and Lands Stores Suspense Account and Plant and Machinery Fund) (ss 18-25). The Secretary may levy charges and fees for services, subject to Ministerial approval and publication (ss 27-30, 28(1)-(2)).
A Code of Practice regime administered by the Minister with statutory requirements on public notice, consultation, publication and parliamentary tabling and possible disallowance (Part 5, ss 31-40, 37A). A Code has practical force where incorporated into a relevant law or made a condition of an authority (s 39).
New statutory sustainable forest management framework (Part 5A): the Minister must determine sustainability criteria and indicators, publish the determination and set reporting frequency (ss 40A-40C); the Secretary must report on indicators; the Minister may require audits and may develop a Sustainability Charter (ss 40D-40E).
Current sections
Direct links to the current provisions in Conservation, Forests and Lands Act 1987.
157
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Adds a sustainable forest management strand requiring the Minister to determine sustainability criteria, indicators and reporting frequency (not less than every five years), requires the Secretary to report against those indicators, allows audit of reports, and permits a Sustainability Charter to be developed (Part 5A: ss.40A–40E).
Sets out enforcement and administrative tools: appointment of authorised officers (and powers to delegate certain authorised‑officer functions), infringement notices, certificates and evidentiary rules, injunction powers, criminal and civil sanctions, orders for compensation and ways to recover costs (Part 9: ss.83–91, 88, 89, 97–98).
Provides special protections and compensation arrangements for approved unpaid conservation workers (Part 6: ss.56–65), and transitional and savings provisions to manage transfers between agencies (Part 10).
Who this affects and who decides
The Secretary and the Minister: the Secretary runs functions and holds property (s.6); the Secretary acts subject to Ministerial direction and reporting requirements (s.7). The Minister makes Codes of Practice (s.31) and may establish or abolish Traditional Owner Land Management Boards (ss.82B, 82G).
Land owners: private land owners who enter land management co‑operative agreements accept obligations and possible restrictions on use, inspection rights and potential charges on their land if amounts become due (ss.69–71, 79).
Parks Victoria and the Great Ocean Road Coast and Parks Authority: can be delegated functions, may appoint authorised officers for land they manage, and receive assets/liabilities on records inclusion (ss.11(2)(da)–(db), 83(1A)–(1B), 67E).
Traditional owner groups: may nominate members to Boards and participate in preparing joint management plans — Boards created under the Act have corporate powers and specified duties (ss.82M(3), 82PA–82PI, 82C).
The public and regulated parties: Codes of Practice, regulations under the Act, registered agreements, and regulations for recorded Parks Victoria land impose requirements or limits on behaviour (ss.31–40, 82(1), 102).
Who pays, who bears costs and how funds flow
The Secretary must meet the costs of administration, protection and management of Crown lands from money appropriated by Parliament (s.20). That makes parliamentary appropriation the primary funding source for Secretary activities.
Grants, loans or other assistance to landowners are paid from moneys available for the purpose and require Ministerial approval for their use (s.68(1)). Thus public funds finance incentives to private landowners.
Proceeds from disposal of land are to be paid into the Consolidated Fund (s.15(4)). Separate internal accounts and funds are established for stores and plant/machinery and are subject to Treasurer/Treasury oversight and budget rules (ss.22–24).
Compensation paid under the conservation workers provisions and certain other statutory payments come from the Consolidated Fund (ss.64, 58(2)).
When an agreement specifies sums due to the Secretary (for repayment, breach or damages), those amounts become a charge on the land until recovered (s.79); the Secretary may seek sale in some circumstances (s.79(7)–(9)).
Incentives and likely behaviour changes produced by the rules (mechanisms cited)
Financial incentives: grants and loans (s.68) create a direct inducement for participating landowners to accept obligations in agreements (ss.69–71). The agreements may require restrictions (s.70(1)(a)–(c)) and repayment obligations (s.70(1)(g)). The mechanism is: public payments in exchange for private land‑use constraints.
Regulatory constraint: Codes of Practice and regulation incorporation impose technical standards that public authorities and licence/permit holders must follow when those Codes are adopted into conditions or enacted into subordinate law (ss.31, 39–40). Public authorities must not act contrary to a Code of Practice or Secretary comment unless specific tests are met (s.67).
Management transfer: listing land in the Parks Victoria land record mechanically shifts rights, liabilities and management responsibilities to Parks Victoria (s.67E), changing which agency makes day‑to‑day decisions about that land.
Localised empowerment: appointment of Traditional Owner Land Management Boards and the joint management plan process provide a statutory route for traditional owner participation and local decision‑making (ss.82B, 82PA–82PI). The mechanical effect is a legally recognised management role and a prescribed process for plan preparation and Ministerial approval.
Compliance burden and implementation mechanics
For land owners who sign agreements: drafting, recordation (where binding on successors: ss.71–72), possible insurance requirements (s.70(1)(j)), obligations to allow inspections (s.70(1)(d)), and exposure to penalties and civil remedies if they breach (ss.77–79, 81). Registration on title adds administrative steps and affects future transactions (s.72).
For public authorities and agencies: obligation to consult, submit plans for scheduled works (s.66), to follow Codes of Practice unless strict criteria are met (s.67), and to provide publications and registers (s.80, s.38). The Secretary must prepare budgets for fund accounts and submit them to the Treasurer (s.24), creating internal administrative work.
For enforcement: appointment and certification of authorised officers (s.83) plus evidentiary certificates (s.88) and infringement notice procedure (s.91) establish administrative routines for enforcement and prosecution.
Discretion and decision points that shape outcomes
Ministerial discretion: the Minister can make Codes of Practice (s.31), approve or disallow Codes (s.37A), establish or abolish Traditional Owner Boards and vary their roles (ss.82B, 82F, 82G), and approve significant Secretary contracts above the prescribed amount or of long duration (s.19).
Secretary discretion: the Secretary can enter into agreements with landowners (s.69), determine fees (with Ministerial approval where required) (s.28), accept donations (s.16), appoint authorised officers (s.83) and delegate many functions (s.11(2)).
Delegation: the Act explicitly permits delegations to multiple bodies including Parks Victoria and the Great Ocean Road Coast and Parks Authority (s.11) and to Traditional Owner Boards (s.82Q). Those delegation mechanisms distribute decision‑making across agencies.
Costs, trade‑offs and practical risks (mechanisms identified)
Concentrated benefit / diffuse cost pattern: the Act funds grants, loans and assistance to landowners (s.68) — recipients receive concentrated benefits while the cost is met from public appropriations (s.20). The statutory mechanism (grant/loan programs and Ministerial approval) concentrates selection power in the Secretary/Minister (s.68, s.7).
Administrative and compliance costs: registration of agreements on title (s.72), publication and consultation requirements for Codes and management plans (ss.33–38, 82PE–82PF), and evidence/certificate rules (s.88) impose routine processes for agencies, applicants and objectors.
Implementation complexity and cross‑agency coordination: many powers refer to or rely on other Acts and agencies (Schedules, ss.3 and Sch.1), require consent of other Ministers or agencies for certain changes (e.g. s.82B(2), s.67C(2)(b)), and create interlocking duties (e.g. Secretary, Parks Victoria, Great Ocean Road Authority). This increases the number of coordination points needed to implement changes.
Discretion‑driven uncertainty: substantial Ministerial and Secretary discretion (s.7, s.11, s.31, s.82F) means outcomes depend on administrative choices and approvals, not only on fixed rules. That raises predictability and timing risks for private parties considering agreements or investments.
Summary of trade‑offs the Act lays out (mechanically)
Transfers authority and assets to statutory agencies (s.6, ss.67A–67E) and creates formal routes for engaging private landowners (ss.68–71) and traditional owner groups (Part 8A). The trade‑off is legal certainty of management structures and mechanisms for collaborative management, against added administrative steps, ministerial discretion and compliance obligations that private parties must meet.
Where to look in the Act for key operational rules
Corporate and control arrangements: ss.6–11.
Land acquisition, disposal, donations: ss.13–17.
Agreements with landowners (content, registration, enforcement): ss.68–82.
Codes of Practice (making, consultation, effect): ss.31–40, 37A–38.
Parks Victoria land record and effects of inclusion: ss.67A–67M.
Traditional Owner Land Management Boards and joint plans: Part 8A (ss.82A–82R, esp. 82B, 82PA–82PI).
Sustainable forest management reporting and indicators: Part 5A (ss.40A–40E).
Enforcement, authorised officers, penalties and remedies: Part 9 (ss.83–91, 97–98).
Establishment and maintenance of a Parks Victoria land record, and detailed consequences when land is included on that record (Part 7A, ss 67A-67M). Inclusion results in automatic vesting or transfer of rights, obligations, proceedings and contracts from the Secretary to Parks Victoria for “Parks Victoria matters” (s 67E).
Land management co‑operative agreements between the Secretary (and in limited respects Parks Victoria and the Great Ocean Road Coast and Parks Authority) and private land owners (Part 8, ss 68-82). The Act specifies the permissible content of agreements (s 70), their form, registration to bind successors in title (ss 71-72), remedies for breach (ss 77-79), and public notice and register requirements (s 80).
Creation, powers and processes for Traditional Owner Land Management Boards, including appointment, composition, delegations and joint management plans (Part 8A, ss 82A-82R and Divisions 2-5A). The Boards are corporate entities with specified functions and a statutory joint planning process (ss 82B, 82H, 82PA-82PI).
Enforcement and evidence mechanisms: appointment of authorised officers and related powers (ss 83-84), certificates and presumptions of evidence (s 88), infringement notice regime (s 91), injunction powers (s 89), offences including hindering forest operations and false statements (ss 95A, 95), and civil remedies including recovery of costs and damages and orders for compensation (ss 96-98).
A targeted regulation power for Parks Victoria recorded land allowing rules on access, fees, activities and animal control, with specified limits on who may raise fees (Part 9A, ss 101-102).
The Act sets out not only what public bodies may do but how that activity is to be formalised and made public: Codes of Practice and determinations must be publicised and tabled (ss 33, 37, 37A), agreements must be published and kept available (s 80), and various certificates are evidence in proceedings (s 88). The Secretary and the Minister retain significant decision-making authority and discretion across acquisition, contracting, regulatory and enforcement functions (see ss 6, 7, 11, 19, 31(4)).
The Act also contains a dense amendment and transitional history (Endnotes and Table of Amendments). Recent mechanical additions include Part 5A (sustainable forest management) (s 40A-40E) and Part 9A (regulation-making power for Parks Victoria recorded land) (ss 101-102), and transitional savings following repeal of the Sustainable Forests (Timber) Act 2004 (s 125).
Main concepts
The Act operates around a set of recurring statutory concepts that govern who may act, how standards are set, and what instruments create enforceable obligations.
Secretary. The statutory corporate office “Secretary to the Department of Energy, Environment and Climate Action” is the primary administrative actor (s 6). The Secretary performs functions conferred by a relevant law and may do all things necessary or convenient to perform those functions (s 10). The Secretary is subject to ministerial direction and must provide periodic reports (s 7).
Authorised officer. Appointments of authorised officers are made under Part 9; the definition in s 3 and the appointment power in s 83 permit the Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority to appoint staff or classes of staff as authorised officers for the purposes of relevant laws (s 83(1), (1A), (1B)). Authorised officers have powers to serve infringement notices, take enforcement action and provide evidence of matters (ss 83, 91, 87).
Relevant law. The Act links itself to a defined set of “relevant laws” (s 3), including this Act, the regulations, and Acts and regulations listed in Schedule 1 (Sch 1). This cross‑reference approach makes the Act a vehicle for administering multiple statutory regimes affecting Crown land, parks, forests and wildlife.
Codes of Practice. A Code is a statutory instrument made by the Minister under Part 5 that may specify standards and procedures for realising objects of a relevant law, can incorporate external documents and standards by reference, and may confer discretionary authority on the Minister or Secretary (ss 31-32). Compliance with a Code becomes compulsory only when incorporated into a relevant law or made a condition of an authority (s 39).
Parks Victoria land record and recorded land. The Secretary must keep a Parks Victoria land record identifying Crown land to be controlled and managed by Parks Victoria (s 67A). Inclusion has immediate legal effects,vesting of rights and liabilities and substitution of Parks Victoria into proceedings and contracts (s 67E). For land specified as “recorded land” the Governor in Council may make regulations with a wide range of management powers (Part 9A, s 102).
Land management co‑operative agreements. These are voluntary statutory agreements between the Secretary (and in specified circumstances Parks Victoria or the Great Ocean Road Coast and Parks Authority) and land owners to manage private or other land in ways that give effect to the Act’s objects. Agreements can impose restrictions, obligations, payment terms, public access requirements and may be registered to bind successors (ss 69-72).
Traditional Owner Land Management Boards and joint management plans. Boards are statutory corporate bodies established under Part 8A (ss 82B, 82C). They are to enable Traditional Owner knowledge and culture in land management (s 82E). The Act prescribes composition, decision processes and a joint management plan process, with public consultation steps and Ministerial approval (ss 82PA-82PI).
Compensation and remedies. The Act provides for compensation to conservation workers (Part 6, ss 56-65), recovery of compensation from third parties (s 63), and civil recovery by the Secretary, Parks Victoria and the Authority for costs, damage or loss arising from contraventions (ss 97-98).
These core concepts interact through delegated instruments (Codes, determinations, regulations), contractual arrangements (agreements), and enforcement mechanisms (authorised officers, certificates, courts). Many provisions expressly require public publication, registration or notice to take effect (ss 33-38, 72, 80, 37A, 40B).
Who it affects
The Act allocates rights, duties and enforcement across a wide set of actors; the immediate and predictable parties are:
The Secretary (the Department Head as corporate body) and the Minister. The Secretary executes land management functions, enters contracts and agreements, levies fees (subject to Ministerial approval) and appoints authorised officers (ss 6, 10, 18, 28, 83). The Minister directs the Secretary (s 7) and makes Codes, determinations (including establishment of Traditional Owner Boards) and approvals required under the Act (ss 31, 40A, 82B).
Land owners. Private land owners who enter land management co‑operative agreements with the Secretary are contractually bound and may face conditions restricting use, obligations to carry out works, requirements to insure or indemnify, repayments and potentially charges registered as a charge on land (ss 69-71, 79). Successors in title may be bound if the agreement is registered (s 72).
Parks Victoria and the Great Ocean Road Coast and Parks Authority. Parks Victoria has duties and receives land on the Parks Victoria land record; it may make appointments of authorised officers and is able to seek injunctions in relation to relevant Parks Victoria land (ss 67A, 83(1A), 89(2)). The Great Ocean Road Authority has parallel powers for its land (ss 68(1)(ab), 83(1B), 89(3)).
Traditional owner groups and Traditional Owner Land Management Boards. Part 8A creates Boards which are corporate bodies with rights to be involved in, and in some cases to lead, joint management plans and to hold delegations from Ministers or land managers (ss 82B, 82C, 82PA-82PI). The statutory model gives traditional owner group entities formal roles in nominations, majority membership and in some abolition and variation constraints where a recognition and settlement agreement applies (ss 82M(3), 82FA, 82GA).
Public authorities and utilities that propose works. Public authorities undertaking works listed in Schedule 3 must submit plans to the Secretary for comment and must not act contrary to a Code or Secretary’s comment unless no feasible and prudent alternative exists and mitigation is taken (ss 66-67).
Conservation workers and volunteers. The Act defines unpaid conservation workers and provides for compensation for injury and damage under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 as if the volunteer were a worker employed by the Crown (ss 56-59).
Users of Parks and recorded land. The public who use lands managed under agreements or recorded land may be subject to public access regimes, fees, conditions and offences created by regulations (ss 74, 82, 102). Regulations under Part 9A may impose fees, prescribe prohibited activities and require permits for vehicle entry, parking and aircraft landings (s 102).
Businesses and third parties. Tour operators holding licences, lessees, licensees and those with contracts or works approvals on affected land are subject to transitional saving provisions and to the Act’s enforcement, licensing and evidentiary regimes (ss 67F-67M, 88).
Corporations and partnerships. Corporate bodies can be prosecuted for offences and, where an offence is the result of an officer’s consent or wilful neglect, that officer may be charged (s 90). Bodies may also be ordered to pay compensation or damages to the Secretary, Parks Victoria or the Authority (ss 97-98).
Who pays. The Act expressly allocates fiscal burdens to the Secretary for administration and management of Crown lands (s 20) and requires proceeds of disposals to go to the Consolidated Fund (s 15(4)). Land owners who receive grants or loans under Part 8 may be required to repay or indemnify (s 70(1)(g)-(i)), and regulations can permit fees and charging of entrants to recorded land (s 102(1)(j)).
Who decides. The Minister has a central role in making Codes, determinations, approvals for contracts above prescribed amounts, and in establishing or varying Traditional Owner Boards (ss 7, 19, 31, 82B, 82F). The Secretary exercises much on-the-ground administrative discretion, including fee determinations (s 28) and entering into agreements (s 69).
Key duties and rights
The Act allocates specific statutory duties and rights to bodies and individuals; the most operationally relevant are summarised below with section citations.
Duties and rights of the Secretary and Minister
Duty to carry out functions conferred by relevant law and to do what is necessary or convenient to perform those functions (s 10(1)-(2)).
Subject to Ministerial control: the Secretary must follow directions and provide reports, while the Minister retains power to direct and to require specified information (s 7(1)-(3)).
Financial duty to pay the costs of administration, maintenance and management of Crown lands from monies appropriated by Parliament (s 20).
Power to enter into contracts and do all things necessary to give effect to contracts, but contracts exceeding the prescribed amount or exceeding three years’ performance period require Ministerial approval (ss 18, 19(2)).
Power to enter into land management co‑operative agreements and to provide grants, loans and other assistance to land owners with Minister approval (ss 68-69).
Codes of Practice and regulatory duties
The Minister may make Codes specifying standards and procedures for carrying out objects of relevant laws; Codes may adopt or incorporate external standards (s 31).
Public consultation and publication duties for draft Codes and variations are specified (ss 33-34, 37). Codes must be made available and published on the Department’s website (s 38).
Duties in relation to land management agreements and land owners
Agreements can impose use restrictions, require works, inspections, insurance, indemnities, payments, public access and rate relief arrangements (s 70). They must be under the Secretary’s seal and are binding and enforceable (s 71).
If an agreement is to bind successors, the Secretary must seek registration in the Register of Titles (s 72). Agreements relating to alienated land need written approval from the registered proprietor for effect where the party to the agreement is not the registered owner (s 71(4)-(5)).
Parks Victoria and recorded land
The Secretary must establish and maintain a Parks Victoria land record and specify land in respect of which regulations under Part 9A may be made (s 67A-67B).
Inclusion transfers rights, liabilities, existing proceedings and contracts in relation to “Parks Victoria matters” from the Secretary to Parks Victoria (s 67E).
Parks Victoria and the Great Ocean Road Coast and Parks Authority may appoint authorised officers for relevant land (s 83(1A), (1B)) and apply for injunctions for relevant Parks Victoria land (s 89(2)-(3)).
Traditional Owner Land Management Boards
The Minister may establish Boards by determination (s 82B); the Boards are corporate bodies, with specified functions, powers and duties (ss 82C, 82H-82I).
Boards must prepare joint management plans with the Secretary, follow public consultation procedures and submit plans to the Minister for approval; plans come into effect on Ministerial approval (ss 82PA-82PI).
Enforcement, evidence and remedy provisions
The Secretary may appoint authorised officers and delegate functions (ss 83, 84). Certificates under seal (s 88) and statements of authorised officers (s 87) are admissible as evidence and give rise to procedural notice requirements for disputing parties (s 88(3), (3A), (3B)).
The Secretary, Parks Victoria or the Authority may seek injunctions, recover damages, obtain compensation orders and use statutory procedures for forfeiture and sales where an amount becomes a charge on land (ss 89, 97-99, 79).
Specific offences include false and misleading statements (s 95), hindering forest operations (s 95A), and offences by third parties who contravene agreement restrictions (s 81).
Operational duties that impose compliance costs
Publication and transparency obligations: Codes, determinations, agreements and registers must be published or made publicly available (ss 33, 37, 37A, 38, 80).
Registration requirements for agreements binding successors (s 72) and notification obligations when a charge is deposited in the Register (s 79(5)).
Procedural duties on Ministers and the Secretary when Traditional Owner arrangements intersect with recognition and settlement agreements (s 82AB, 82FA, 82GA), including requirements for consent and consultation.
The Act balances administrative discretion for the Secretary and Minister against transparency duties, public consultation and enforceable contractual arrangements with private parties (s 31(4) allows leaving matters to Minister/Secretary approvals within Codes). Rights to seek judicial relief (injunctions, damages, review by VCAT or the Supreme Court for certain decisions) remain active (ss 76(3), 72(4), 89).
Penalties and enforcement
The Act contains both criminal and civil enforcement pathways, administrative remedies and evidentiary presumptions intended to support enforcement of land management, conservation and forest-related rules.
Appointment and powers of authorised officers
The Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority may appoint authorised officers, who can be employees or specified classes of persons, and may appoint such officers for all or part of Victoria and for all or specified relevant laws (s 83(1)-(4), (1A), (1B), (3)). Parks Victoria and the Authority must provide certificates of appointment detailing the law and area for which the person is an authorised officer (s 83(5)-(7)).
The Secretary may appoint persons to perform specific functions of authorised officers (s 84).
Administrative enforcement tools
Infringement notices: An authorised officer may serve an infringement notice for prescribed offences under a relevant law; the prescribed penalty for such an offence is up to 10 penalty units unless otherwise provided (s 91(1)-(4)). For offences related to taking or destruction of forest produce an infringement notice may include a certificate stating an amount as if royalty had been payable (s 91(4)-(5)).
Certificates as evidence: Certificates under the seal of the Secretary, or signed by the chief executive officers of Parks Victoria or the Authority, are admissible as evidence of matters such as appointment, road or track closures and value of property or costs incurred, and are taken as proof unless challenged with specified notice (s 88(1)-(4), (2A)-(2C), (3)-(4A)). A person wishing to dispute a certificate must give at least 3 days’ written notice (s 88(3), (3A), (3B)).
Statements of authorised officers are evidence as to location of offence, expenses incurred or accuracy of maps/photographs (s 87).
Criminal offences and penalties
False or misleading information to an authorised officer is an offence with a penalty of 10 penalty units (s 95).
Hindering or obstructing forest operations is an offence with penalty of 20 penalty units (s 95A(1)). The definition of “forest operations” is provided (s 95A(2)).
Offences by third parties for contravening prohibitions in a land management agreement carry a penalty of 5 penalty units (s 81(1)).
For bodies corporate, liability attaches to the corporation and, where the contravention was by consent, connivance or wilful neglect of an officer, the officer is also guilty (s 90).
Court remedies and civil recovery
Injunctions: The Secretary, Parks Victoria and the Authority may apply for injunctions to prevent contraventions or to compel compliance with relevant laws, authorities or notices (ss 89(1)-(3), 78).
Compensation and sentencing orders: Section 97 applies sentencing law to offences under relevant laws for the purposes of compensation and broadened definitions of property to include Crown land, natural features and improvements; courts may order convicted persons to pay compensation to the Secretary, Parks Victoria or the Authority where the court is satisfied of incurred charges, costs or expenses (s 97(1)-(2)).
Civil actions for damages: The Secretary, Parks Victoria or the Authority may recover damages or other relief in court where contraventions cause incurred charges or the loss/damage/destruction of property; the Act permits recovery even if the enforcing party has not suffered actual loss (ss 98(1)-(7)). Certificates as to value, including forest produce royalty equivalents, are evidence (s 98(8)).
Recovery mechanisms against land
Where an agreement specifies an amount repayable or an amount becomes due on default, that amount is a charge on the land until recovered; the Secretary may register a certificate in the Register of Titles describing the land and stating the amount (s 79(1)-(2)). If a registered charge exists for 12 months and recovery attempts fail, the Secretary may serve a notice of intention to sell the land with specified service and publication steps (s 79(7)-(9)).
Procedural enforcement and prosecution
Persons authorised to take offence proceedings include authorised officers, police officers, persons authorised by the Secretary and in specified contexts the Victorian Plantations Corporation; proceedings may be conducted by another authorised person with authority (s 96(1)-(1A)).
Courts must take judicial notice of the validity of authority to bring proceedings (s 96(2)).
There are procedural protections for accused persons in relation to certificates of analysis (s 88A), including service timelines and rights to require attendance by the qualified person.
The Act therefore creates multiple, overlapping enforcement channels: administrative (infringements, certificates, authorised officer actions), civil (damages, charges on land, injunctions), and criminal (penalties for false statements, obstruction). The statutory design places evidentiary weight on agency certificates and statements, but provides short procedural windows to challenge them.
How it interacts with other laws
The Act is an interface statute that explicitly links to numerous other statutes, both by incorporation and by cross‑delegation, and it includes provisions that trigger or change legal relations under other Acts.
Express cross-references and interface obligations
The Act defines “relevant law” to include this Act, the regulations, and Acts listed in Schedule 1 and regulations under those Acts (s 3). Schedule 1 lists a wide set of Acts governing parks, forests, wildlife, water and related areas (Sch 1).
The Act is designated as interface legislation within the meaning of the Transport Integration Act 2010 (s 4A), layering transport integration obligations on specified administrative acts.
For land acquisition, the Land Acquisition and Compensation Act 1986 applies to purchases and compulsory acquisitions by the Secretary (s 14).
Regulatory incorporation and binding effect
A Code of Practice made under Part 5 can be incorporated into or adopted by regulations under this Act or Acts in Schedule 1, thereby converting a Code into a binding regulatory instrument when incorporated (s 40(1)-(2)). However, compliance with a Code is not required unless it is incorporated into a relevant law or made a condition in an authority (s 39).
Regulations under Part 9A (recorded land) may supersede or displace other “relevant regulations” applying to the same area while they are in force (s 102(5)).
Delegations and inter-agency duties
The Minister may delegate many of his or her powers (subject to express exclusions) to the Secretary and other public servants or bodies; the Secretary in turn may delegate powers under seal (s 11). Specific delegations to Parks Victoria, Catchment Management Authorities, the Victorian Fisheries Authority and the Great Ocean Road Authority are included (s 11(1)(ca), (cb), (cc), (f); s 11(2)(da), (db)).
Where a recognition and settlement agreement exists, the Minister, Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority must take all reasonable steps to give effect to any traditional owner land management agreement entered into under that recognition and settlement agreement (s 82AB).
Interaction with compensation, workers’ compensation and court jurisdictions
Part 6 aligns conservation worker compensation with the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, treating conservation workers as if they were workers employed by the Crown for those Acts’ purposes (s 58(2)). The County Court has exclusive jurisdiction for certain compensation matters under Part 6 (s 59).
Sentencing Act 1991 and its compensation provisions are applied to offences under relevant laws, with expanded definitions of property to include Crown land, natural features and works on Crown land (s 97).
Transitional, saving and repeal interactions
The Act contains numerous transitional and savings clauses to deal with the effects of amendments and the creation or abolition of other bodies (Part 10 and Schedules). For example, s 125 provides transitional arrangements following the repeal of the Sustainable Forests (Timber) Act 2004, taking an earlier determination to be a determination under the new sustainable forest management regime (s 125(2)).
Administrative law and review
Decisions by the Minister relating to variation or termination of agreements are reviewable to the Victorian Civil and Administrative Tribunal (s 76(3)). The Act also contemplates orders from the Supreme Court to declare agreements no longer in force (s 72(4)-(5)).
Evidentiary and procedural interface
Certificates, evidence provisions and notices (s 88) interact with civil and criminal procedural law by establishing presumptions and procedural notice requirements that modify ordinary evidentiary practice in proceedings under relevant laws.
In short, the Act functions as both a primary regime for land and conservation management and as connective tissue, enabling and constraining action under parallel statutes (listed in Sch 1) and providing delegated mechanisms,Codes, determinations, regulations and agreements,that can be made operative across those other statutory frameworks.
Amendment history
The Act carries a long amendment and transitional history; the printed Version No. 110 in the source consolidates amendments to 22 October 2025. Key points from the Table of Amendments and the body of the Act:
Founding purpose and initial commencement. The Act was assented to on 19 May 1987 and brought most provisions into force on 1 July 1987 (Endnotes). The initial purposes included consolidating functions of former authorities and creating the Secretary corporate office (s 1).
Progressive functional and structural amendments. The Act has been amended repeatedly to add or modify institutional actors, including the creation and later amendments relating to Parks Victoria, Traditional Owner Boards (Part 8A added by No. 82/2009), the Great Ocean Road Coast and Parks Authority (inserted No. 19/2020), and insertion of the Parks Victoria land record (Part 7A No. 19/2018).
Codes and evidence reforms. Part 5 (Codes of Practice) was substituted and updated (No. 48/2004). Subsequent amendments added procedural transparency such as tabling and disallowance and requirements for internet publication (ss 37A, 38 inserted or amended by later Acts including No. 53/2017 and No. 14/2022).
Fisheries and game authority appointments. Amendments inserted the Game Management Authority and the Victorian Fisheries Authority into definitional and appointment schemes for authorised officers (No. 24/2014; No. 68/2016).
Sustainable forest management and repeal of prior timber statute. Recent legislative work repealed the Sustainable Forests (Timber) Act 2004 and replaced aspects of that framework. Notably, Part 5A (ss 40A-40E) was inserted by No. 24/2024 to require the Minister to determine sustainability criteria and reporting requirements for forests (s 40A-40C), provide for audits (s 40D) and enable a Sustainability Charter (s 40E). Section 125 provides transitional saving connected to the repeal (s 125).
Parks Victoria land record and recorded land regulation power. Part 7A was inserted by No. 19/2018, establishing the Parks Victoria land record (ss 67A-67M) and was followed by Part 9A (No. 19/2018), conferring regulation-making powers for recorded land (ss 101-102).
Great Ocean Road and other area-specific amendments. The Great Ocean Road and Environs Protection Act 2020 (No. 19/2020) created the Great Ocean Road Coast and Parks Authority and related amendments (s 68 and appointment/delegation provisions) were inserted in 2020/2021 (No. 42/2021) to integrate the Authority into delegation and authorised officer regimes.
Ongoing housekeeping and public sector reform adjustments. The Act was reshaped by public sector reform legislation (Public Administration Act amendments, Crown Land Acts amendments) and other statutory instruments that updated definitions and institutional names (for example, the Secretary’s name updates in No. 51/2016 and the Statute Law Revision Act 2025 updating references, s 4 of No. 41/2025).
The Table of Amendments in the Endnotes (the long table of Acts and commencement details) shows frequent adjustments across more than three decades reflecting evolving administrative architectures (Parks Victoria, Traditional Owner frameworks, fisheries and game authorities, Great Ocean Road Authority) and policy priorities (sustainability reporting, codes transparency). The source text itself records many insertions, repeals and savings within provisions (for example, numerous inserted subsections and repeals recorded at specific sections such as s 11, s 31, s 67C and s 125).
Practitioners should note that the Act’s current shape reflects numerous targeted insertions preserving transitional arrangements (Part 10 and Schedule 4) and realigning powers across statutory entities,those changes create a complex map of current delegations, evidence presumptions and cross‑institutional duties that must be read in the context of the Schedule 1 Acts and each amending Act cited in the Endnotes.
Litigation history
The provided Act text does not list any judicial decisions or litigation history. It contains some provisions that affect litigation procedures and jurisdictions which practitioners should be aware of:
County Court jurisdiction under Part 6: Section 59 gives the County Court exclusive jurisdiction to hear and determine questions arising under the conservation worker compensation provisions (s 58), applying the relevant compensation Acts “with the necessary adaptations and modifications” (s 59).
Evidentiary presumptions and procedural notice requirements: Certificates issued under the seal of the Secretary or signed by chief executive officers of Parks Victoria or the Great Ocean Road Coast and Parks Authority are evidence and, absent contrary evidence, proof (s 88(1)-(2B)). A person cannot bring evidence disputing a certificate without serving written notice at least 3 days before the hearing (s 88(3)-(3B)). Certificates of analysis or examinations by qualified persons have prescribed service and attendance procedures (s 88A).
Enforcement standing and prosecutorial authority: Section 96 identifies who is authorised to take offence proceedings (authorised officers, police officers, persons authorised by the Secretary and the Victorian Plantations Corporation in specified contexts) and allows delegated conduct of proceedings (s 96(1)-(1A)). Courts must take judicial notice of the validity of an authority to take proceedings (s 96(2)). These provisions affect evidentiary strategy and standing in prosecutions and civil enforcement actions.
Remedies and judicial review: Parties to land management agreements may apply to the Supreme Court for an order declaring an agreement no longer in force (s 72(4)-(5)). Decisions by the Minister to refuse variation or termination of an agreement, or to vary or terminate an agreement, are subject to review by the Victorian Civil and Administrative Tribunal (s 76(3)-(3A)).
Because the Act embeds many evidential presumptions in administrative certificates and gives the Secretary and related agencies standing to seek injunctions, damages and compensation, litigation arising under the Act will often involve procedural and evidentiary issues (service of certificates, challenge notices under s 88, and jurisdiction) rather than novel points of substantive land law. The Act’s text does not name case law; practitioners must consult court databases for case law interpreting these provisions.
Gotchas
Practical traps and attention points flow from how the Act converts administrative acts into enforceable instruments and places evidentiary weight on agency documents. The text contains multiple provisions that can catch parties unaware if not attended to.
Codes of Practice are not automatically binding
A Code of Practice made under Part 5 sets standards, but compliance is not mandatory unless the Code is incorporated in or adopted by a relevant law or made a condition of an authority (s 39). Practitioners should not assume an unincorporated Code creates immediate criminal or civil liability; check whether a Code has been incorporated by regulation (s 40) or made a condition of an authority.
Ministerial control and delegated discretion
Many powers can be left to the Minister or Secretary under a Code (s 31(4)), and the Minister may delegate many but not all powers (s 11). The Secretary is subject to the Minister’s direction in the carrying out of powers unless acting in the capacity of Department Head (s 7(1), (4)). This creates centralised discretion and potential unpredictability for regulated parties.
Registration and successor binding requirements for agreements
An agreement expressed to bind successors in title must be registered in the Register of Titles (s 72(1)); the Secretary must apply for registration. Agreements affecting alienated land made with persons who are not registered proprietors have no effect until the registered proprietor gives written approval (s 71(4)-(5)). Parties who are not registered proprietors must secure proprietor approval to ensure enforceability.
Evidential presumptions, short notice for disputes
Certificates signed by the Secretary or the chief executive officers of Parks Victoria or the Authority are evidence and, unless challenged with notice, are proof of the matters stated (s 88(1)-(3B)). A person must serve written notice at least 3 days before hearing to bring evidence disputing a certificate (s 88(3), (3A), (3B)). This is a short window and a procedural trap for defendants or respondents to enforcement proceedings.
Charges on land and sale process
Amounts due to the Secretary under an agreement can be charges on land and may be registered by lodging a certificate with the Registrar of Titles; if unpaid and a charge is registered for 12 months the Secretary may serve notice of intention to sell and follow sale procedures with specified public notice requirements (s 79(1)-(9)). Land owners should note the administrative steps that can result in sale without a full judicial foreclosure process.
Regulation powers for recorded land and fee limits
Regulations under Part 9A (s 102) can impose fees, permit regimes and even authorise shooting or seizing animals, and may prescribe penalties up to 20 penalty units (s 102(1)(j), (1)(o)-(p), (1)(s)). Regulations may confer discretion but expressly must not empower specified persons or bodies to increase or introduce new tolls/fees (s 102(4)). Practitioners should check whether a regulation has been made for the particular recorded land and whether it displaces other “relevant regulations” (s 102(5)).
Binding effect of Parks Victoria record inclusion
When land is included in the Parks Victoria land record, rights, liabilities and proceedings relating to “Parks Victoria matters” vest in Parks Victoria (s 67E). Existing licences, tour operator licences and applications may be taken to continue in force but as if granted by Parks Victoria (ss 67F-67G). Parties to existing contracts must check for automatic substitution and the scope of “Parks Victoria matter” (s 67D).
Agreement remedies and limits on damages
Courts may award punitive damages for breach of an agreement (s 77(1)), but damages against a land owner for breach must not be awarded unless the breach arose from an intentional or reckless act or omission (s 77(2)). These parallel rules create nuanced litigation risk: punitive awards may be available against a non‑land owner party, but ordinary damages against land owners are constrained.
Short statutory consultation and publication timeframes
Draft Codes require 28 days’ submissions (s 33(3)(b)). Management plans under Part 8A require a minimum two months for written submissions after public notice (s 82PF(2)). Missing consultation windows can be fatal to process compliance or may limit rights to contest final instruments.
Infringement notice composition for forest produce
For offences involving forest produce, an infringement notice may include a certificate as to the amount that would have been payable as royalty, and that amount is added to the prescribed infringement penalty (s 91(4)-(5)). Regulated parties must be aware that civil monetary exposure on an infringement notice may be significantly increased by agency certificates.
Delegation gaps and consent requirements
Certain actions require the consent of the relevant land Minister (for example when establishing or varying Traditional Owner Boards for land outside the Minister’s portfolio) and the Minister must get consent before varying plans in some contexts (ss 82B(2), 82F(2), 82PH(4)). Failure to secure required consents can invalidate determinations.
For parties operating under the Act, these “gotchas” translate into procedural and documentary risks: ensure proprietorial approvals where required, monitor Gazette publications for Codes, determinations, registered charges and recorded land regulations, and be ready to issue short-notice challenges to certificates where contestation is anticipated.
How to comply
Compliance under the Act is procedural, documentary and substantive. The following checklist-style guide tracks the main duties and provides concrete steps tied to the statutory text.
Governance and delegation awareness
Identify which entity is responsible for the land or activity: the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority. This matters for consultation, delegated power and authorised officer appointments (s 6, s 67E, s 83(1A)-(1B)).
Check whether relevant functions have been delegated to another body or officer under s 11 and s 82Q. Obtain copies of delegation instruments where relevant.
Codes of Practice and regulatory instruments
Before commencing regulated activity, check whether a Code of Practice applies, and if so whether it has been incorporated into a regulation or made a condition of an authority (s 31; s 39; s 40).
Monitor Government Gazette and Department internet publications for draft Codes, final Codes, variations and tabling notices (ss 33, 37, 37A, 38). Observe the minimum 28‑day submission period for draft Codes (s 33(3)(b)).
Land management agreements (Part 8)
If negotiating with the Secretary for an agreement:
Ensure the agreement is under the Secretary’s seal and specifies when it comes into effect (s 71(1)(a), (c)).
If the agreement should bind successors in title, ensure the agreement will be registered by the Secretary and confirm registration timing and language (s 72(1)-(3A)).
If the party entering the agreement is not the registered proprietor of alienated land, obtain the registered proprietor’s written approval before expecting enforceability (s 71(4)-(5)).
Review and, if required, obtain the insurance and indemnity protections the agreement may require (s 70(1)(j)).
Public authorities and works
If you are a public authority proposing works listed in Schedule 3, submit a plan of works to the Secretary for comment before commencing works, unless an exception applies (s 66(1)-(2)). Provide the Secretary with notice of works as required and implement any reasonable mitigation specified in the Secretary’s comments (s 66(3)-(4); s 67(1)).
Parks Victoria land record and recorded land regulations
If affected by inclusion on the Parks Victoria land record, check s 67C for the amendment process and the requirement for Parks Victoria Minister approval and consultation with the relevant land Minister (s 67C(1)-(2)). Identify whether the land is specified as “recorded land” for the purposes of Part 9A; if so, review any regulations made under s 102 for permit regimes, fees and prohibited activities.
Note that regulations under s 102 may displace other relevant regulations for the area (s 102(5)).
Authorised officers and inspections
For organisations acting as or employing authorised officers (Parks Victoria, the Authority or the Secretary), ensure certificates of appointment are issued, specifying the relevant law and area; maintain records and issue identification certificates in accordance with s 83 and s 88A where needed.
If you are subject to authorised officer inspection, comply with reasonable directions and maintain contemporaneous records of interactions to support any later evidentiary disputes.
Infringements, charges and fees
Pay any charges or fees levied under s 28 within 30 days to avoid interest additions per s 30(2). If contesting a fee, follow the published determination mechanism: fee determinations must be published in the Government Gazette (s 28(2)).
For alleged infringement notices, verify if the notice includes a certificate under s 91(4) (forest produce) and assess exposure accordingly. Consider contest avenues under the Infringements Act and prepare for possible certificate‑based evidence.
Evidence and contesting agency certificates
If contesting a certificate under s 88 or s 88(2A)/(2B), serve written notice that you intend to bring evidence at least 3 days before the hearing (s 88(3), (3A), (3B)). For scientific or analysis certificates under s 88A, check service timelines (14 days) and requirements to give notice if you wish the qualified person to attend (s 88A(2)-(4)).
Traditional Owner Boards and joint management plans
Where engaging in joint management plan processes (Part 8A Div 5A), observe statutory milestones: Boards and the Secretary must prepare a draft plan with specified assistance, allow at least two months for public submissions after notice (s 82PE-82PF), and both the Board and Secretary must agree the plan is complete before submission to the Minister (ss 82PD-82PG). If the land includes Parks Victoria land or is managed by the Great Ocean Road Authority, ensure necessary consultation steps are followed (ss 82PA(1A), 82PD(1A), 82PF(4), 82PG(1A)).
Remedies planning and dispute resolution
For contracts and agreements, include dispute resolution and review clauses mindful that VCAT and Supreme Court review rights apply to certain Ministerial decisions (ss 76(3), 72(4)-(5)).
In planning for enforcement exposure, budget for potential damages awards, compensation orders, or charges becoming a registered encumbrance on land (ss 97-99, 79).
Publication and transparency
Ensure any determinations, agreements, or instruments requiring publication are processed and communicated as required by the Act (ss 33, 37, 37A, 80). Maintain copies for inspection and meet the Secretary’s obligation to keep copies available (s 80(4)).
Monitoring statutory updates
Regularly monitor the Government Gazette, Department website and legislative updates for new Codes, regulations (including Part 9A recorded land regulations) and Ministerial determinations (ss 37, 40B, 102). The Act’s history shows frequent targeted amendments; administrative practices, fee structures and delegation arrangements can change.
Following these steps aligns a regulated entity with the Act’s procedural and substantive obligations: ensure proper registrations and approvals for agreements, respect consultation and publication conduits for Codes and management plans, observe evidentiary timelines for contesting agency certificates, and maintain up-to-date awareness of recorded land regulations and sustainability determinations under the new Part 5A (ss 40A-40C).