82ADefinitions

82A Definitions In this Part— S. 82A def. of *aboriginal title* inserted by No. 62/2010 s. 96(e). ***aboriginal title*** has the same meaning as in the **Traditional Owner Settlement Act 2010**; ***appointed land***, in relation to a Traditional Owner Land Management Board, means the public land in relation to which the Board is appointed under this Part; S. 82A def. of *approved* *Great Ocean Road strategic framework plan* inserted by No. 19/2020 s. 80. ***approved* *Great Ocean Road strategic framework plan*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**; S. 82A def. of *declared area* inserted by No. 17/2018 s. 8. ***declared area*** has the same meaning as in the **Planning and Environment Act 1987**; S. 82A def. of *joint management plan* inserted by No. 62/2010 s. 96(e). ***joint management plan***, in relation to appointed land, means a management plan for that land that has come into effect under section 82PI, whether or not varied under section 82PJ; S. 82A def. of *public land* substituted by No. 62/2010 s. 96(b). ***public land*** means the following— (a) land under the **Crown Land (Reserves) Act 1978**, other than land under the **Alpine Resorts Act 1983**; (b) land in any park within the meaning of the **National Parks Act 1975**; (c) reserved forest within the meaning of the **Forests Act 1958**; (d) unreserved Crown land under the **Land Act 1958**; (e) land in any Nature Reserve or State Wildlife Reserve, within the meaning of the **Wildlife Act 1975**, other than land in a State Game Reserve (within the meaning of that Act); S. 82A def. of *recognition and settlement agreement* inserted by No. 62/2010 s. 96(e). ***recognition and settlement agreement*** has the same meaning as in the **Traditional Owner Settlement Act 2010**; S. 82A def. of *relevant land Minister* amended by No. 62/2010 s. 96(a). ***relevant land Minister***, in relation to public land, means the Minister administering the Act under which the land is managed; S. 82A def. of *Statement of Planning Policy* inserted by No. 17/2018 s. 8. ***Statement of Planning Policy*** has the same meaning as in the **Planning and Environment Act 1987**; S. 82A def. of *traditional owner group* substituted by No. 62/2010 s. 96(c). ***traditional owner group*** has the same meaning as in the **Traditional Owner Settlement Act 2010**; S. 82A def. of *traditional owner group entity* substituted by No. 62/2010 s. 96(d). ***traditional owner group entity*** has the same meaning as in the **Traditional Owner Settlement Act 2010**; S. 82A def. of *traditional owner land management agreement* inserted by No. 62/2010 s. 96(e), amended by Nos 29/2011 s. 3(Sch. 1 item 16.1), 49/2017 s. 71(1). ***traditional owner land management agreement*** means an agreement under section 82P; S. 82A def. of *Yarra Strategic Plan* inserted by No. 49/2017 s. 71(2). ***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**. Division 2—Constitution of Traditional Owner Land Management Boards S. 82AB (Heading) amended by Nos 19/2018 s. 64(1), 42/2021 s. 30(1). S. 82AB inserted by No. 62/2010 s. 97. 82AB Role of Minister, Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority where recognition and settlement agreement exists (1) If public land is land in respect of which there is in force a recognition and settlement agreement, the Minister in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement. (2) If public land is land in respect of which there is in force a recognition and settlement agreement, the Secretary in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement. S. 82AB(3) inserted by No. 19/2018 s. 64(2). (3) If public land is land in respect of which there is in force a recognition and settlement agreement, Parks Victoria in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement. S. 82AB(4) inserted by No. 42/2021 s. 30(2). (4) If public land is land in respect of which there is in force a recognition and settlement agreement, the Great Ocean Road Coast and Parks Authority in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement. S. 82B inserted by No. 82/2009 s. 38. 82B Power of Minister to establish Traditional Owner Land Management Board (1) The Minister, by determination, may establish a Traditional Owner Land Management Board for any public land. S. 82B(1A) inserted by No. 62/2010 s. 98(1). (1A) If the Minister is establishing a Traditional Owner Land Management Board to give effect to a recognition and settlement agreement, the Minister must state this in the determination under subsection (1). (2) Before establishing a Board under subsection (1), if the Minister is not the relevant land Minister for the public land, the Minister must obtain the consent of the relevant land Minister. (3) In establishing a Board under subsection (1), the Minister must have regard to any agreement entered into under Division 5. (4) A determination under subsection (1) must be published in the Government Gazette and has effect on its publication. (5) A determination under subsection (1) must— (a) specify the land in relation to which the Board is appointed; and (b) describe the role that the Board is to undertake in relation to the land; and S. 82B(5)(ba) inserted by No. 62/2010 s. 98(2). (ba) for the purposes of section 82PA, specify the manner of the making of subsequent joint management plans and the timing of the making of the plans; and (c) describe the functions, powers and duties that the Board is to have under this or any other Act. **Note** Functions, powers and duties that the Board is to have may be those conferred by way of agreement under the **Crown Land (Reserves) Act 1978**, the **National Parks Act 1975**, the **Forests Act 1958**, the **Land Act 1958** or the **Wildlife Act 1975** or those delegated to the Board under this Part. S. 82BA inserted by No. 62/2010 s. 99. 82BA Revocation of appointment of committee of management S. 82BA(1) amended by No. 29/2011 s. 3(Sch. 1 item 16.2). (1) On the establishment of a Traditional Owner Land Management Board for any public land, if the land is land in respect of which a committee of management is appointed, the appointment of the committee of management is revoked, despite anything to the contrary in the Act under which the committee of management has been appointed. (2) The revocation of the appointment of a committee of management under subsection (1) is not to be taken to affect any lease, licence, or agreement issued or granted by that committee over the land under the Act, that is in force immediately before the revocation of the appointment. (3) In the case of any lease, licence or agreement to which subsection (2) applies (other than a lease granted under section 17D of the **Crown Land (Reserves) Act 1978**), the Secretary is taken to be substituted for the committee of management as a party to the lease, licence or agreement. (4) In the case of any lease under section 17D of the **Crown Land (Reserves) Act 1978** to which subsection (2) applies, the Minister is taken to be substituted for the committee of management as a party to the lease. S. 82C inserted by No. 82/2009 s. 38.