Div 5AJoint management plans

Division 5A—Joint management plans S. 82PA inserted by No. 62/2010 s. 106. 82PA Joint preparation of management plans (1) The Traditional Owner Land Management Board for appointed land must, with the reasonable assistance and guidance of the Secretary, prepare a draft management plan for the appointed land. S. 82PA(1A) inserted by No. 19/2018 s. 66. (1A) If a management plan referred to in subsection (1) applies to land that is Parks Victoria managed land, the Secretary, in consultation with Parks Victoria, must provide assistance and guidance to the Board to prepare the draft management plan. S. 82PA(1B) inserted by No. 42/2021 s. 32. (1B) If a management plan referred to in subsection (1) applies to land that is controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary, in consultation with the Authority, must provide assistance and guidance to the Board to prepare the draft management plan. (2) Preparation of a plan under subsection (1) must be completed and agreement to the plan must take place— (a) in the case of the first plan after the commencement of this provision, within 3 years of the appointment of the Board or any later date determined by the Minister; or (b) in the case of any subsequent plan at the times and in the manner specified in the determination establishing the Board under section 82B(5). S. 82PA(3) inserted by No. 49/2017 s. 72. (3) The Traditional Owner Land Management Board and the Secretary must have regard to a Yarra Strategic Plan when preparing a management plan in relation to any appointed land to which a Yarra Strategic Plan applies. S. 82PA(4) inserted by No. 17/2018 s. 9. (4) The Traditional Owner Land Management Board and the Secretary must have regard to a Statement of Planning Policy when preparing a management plan in relation to land that is within a declared area. S. 82PA(5) inserted by No. 26/2018 s. 89(3). (5) The Traditional Owner Land Management Board must ensure that a plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the **Marine and Coastal Act 2018**. S. 82PA(6) inserted by No. 19/2020 s. 81. (6) The Traditional Owner Land Management Board and the Secretary must have regard to an approved Great Ocean Road strategic framework plan when preparing a management plan in relation to any appointed land to which an approved Great Ocean Road strategic framework plan applies. S. 82PB inserted by No. 62/2010 s. 106. 82PB Requirements of specific Acts as to management to apply (1) A management plan prepared under section 82PA must comply with the following subsections. (2) If appointed land under the plan is reserved forest under the **Forests Act 1958**, the management plan for that land must be consistent with— (a) the requirements of the **Forests Act 1958**; and (b) the requirements of any regulations made under the **Forests Act 1958** in relation to the management of reserved forest; and S. 82PB(2)(ba) inserted by No. 19/2018 s. 67(1). (ba) the requirements of any regulations made under Part 9A in relation to the management of reserved forest under the **Forests Act 1958**; and S. 82PB(2)(c) amended by No. 24/2024 s. 36. (c) the objectives of any Sustainability Charter in force in relation to the land under this Act. (3) If appointed land under the plan is land that is part of a park under the **National Parks Act 1975**, the management plan for that land must be consistent with— (a) the objects of the **National Parks Act 1975** and the requirements of the **National Parks Act 1975**; and (b) the requirements of any regulations made under the **National Parks Act 1975** in relation to the management of parks under that Act. (4) If appointed land under the plan is land reserved under the **Crown Land (Reserves) Act 1978**, the management plan for that land must be consistent with— (a) the purposes for which the land is reserved under the **Crown Land (Reserves) Act 1978**; and S. 82PB(4)(b) amended by No. 19/2018 s. 67(2). (b) the requirements of any regulations made under the **Crown Land (Reserves) Act 1978** in relation to the management of reserved land under that Act; and S. 82PB(4)(c) inserted by No. 19/2018 s. 67(3). (c) the requirements of any regulations made under Part 9A in relation to the management of reserved land under the **Crown Land (Reserves) Act 1978**. (5) If appointed land under the plan is part of a State Wildlife Reserve or Nature Reserve under the **Wildlife Act 1975**, the management plan for that land must be consistent with— (a) the requirements of the **Wildlife Act 1975**; and (b) the requirements of any regulations made under the **Wildlife Act 1975** in relation to the management of any such reserve. (6) If appointed land under the plan is land under the **Land Act 1958**, the management plan for that land must be consistent with— (a) the requirements of the **Land Act 1958**; and S. 82PB(6)(b) amended by No. 19/2018 s. 67(4). (b) the requirements of any regulations made under the **Land Act 1958** in relation to the management of land under that Act; and S. 82PB(6)(c) inserted by No. 19/2018 s. 67(5). (c) the requirements of any regulations made under Part 9A in relation to the management of unreserved Crown land under the **Land Act 1958**. S. 82PB(7) inserted by No. 26/2018 s. 89(4). (7) If appointed land under the plan is part of land to which a coastal and marine management plan applies, the management plan for that land must be consistent with that coastal and marine management plan. S. 82PC inserted by No. 62/2010 s. 106. 82PC Other requirements for management plans Subject to section 82PB, a management plan may deal with any other matters that are agreed in a traditional owner land management agreement for the appointed land and that are relevant to the management of the land. S. 82PD inserted by No. 62/2010 s. 106. 82PD Completion of preparation of management plan (1) For the purposes of section 82PA(2), preparation of a management plan is completed when both the Traditional Owner Land Management Board and the Secretary agree that preparation is completed. S. 82PD(1A) inserted by No. 19/2018 s. 68. (1A) If a management plan referred to in subsection (1) applies to Parks Victoria managed land, the Secretary must consult with Parks Victoria— (a) before agreeing that the plan is completed; and (b) before and, where necessary, during carrying out consultation and the provision of advice under subsection (2). S. 82PD(1B) inserted by No. 42/2021 s. 33. (1B) If a management plan referred to in subsection (1) applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must consult with the Authority— (a) before agreeing that the plan is completed; and (b) before and, where necessary, while carrying out consultation and the provision of advice under subsection (2). (2) For the purposes of completing preparation of a management plan the Secretary and the Traditional Owner Land Management Board must take all reasonable steps to consult with each other and provide advice to each other, during the course of preparing the plan. S. 82PE inserted by No. 62/2010 s. 106. 82PE Notice of completed management plan (1) As soon as possible after completion of preparation of a management plan, either the Secretary or the Traditional Owner Land Management Board must publish a notice in a newspaper circulating generally in the area in which the plan applies. (2) A notice under subsection (1)— (a) must state that a management plan has been prepared and set out where the plan may be inspected; (b) must state that written submissions may be made on the plan to the Secretary or the Traditional Owner Land Management Board within the time specified in the notice. S. 82PF inserted by No. 62/2010 s. 106. 82PF Making and consideration of submissions (1) Any person may make written submissions on a completed management plan within the period specified in the notice of the plan under section 82PE. (2) The period of time for making submissions that may be specified in a notice under section 82PE must not be less than 2 months from the date of publication of the notice. (3) The Secretary and the Traditional Owner Land Management Board must consider any submission made on the completed management plan that were received by either person within the period specified in the notice under section 82PE. S. 82PF(4) inserted by No. 19/2018 s. 69. (4) If a management plan applies to Parks Victoria managed land— (a) the Secretary must provide Parks Victoria with a copy of any relevant submission received on the draft plan; and (b) the Secretary must consider each relevant submission received in consultation with Parks Victoria. S. 82PF(5) inserted by No. 42/2021 s. 34. (5) If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority— (a) the Secretary must provide the Authority with a copy of any relevant submission received on the draft plan; and (b) the Secretary must consider each relevant submission received in consultation with the Authority. S. 82PG inserted by No. 62/2010 s. 106. 82PG Agreement to management plan (1) For the purposes of section 82PA(2), a management plan is taken to be agreed to when, after consideration of submissions under section 82PF, both the Traditional Owner Land Management Board and the Secretary agree to the plan. S. 82PG(1A) inserted by No. 19/2018 s. 70. (1A) If a management plan applies to Parks Victoria managed land, the Secretary must not agree to the plan unless the Secretary has consulted with Parks Victoria about the plan to the extent that it applies to Parks Victoria managed land. S. 82PG(1B) inserted by No. 42/2021 s. 35. (1B) If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must not agree to the plan unless the Secretary has consulted with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority. (2) A plan agreed to under subsection (1) may contain variations to a completed plan made as a result of consideration of submissions under section 82PF. S. 82PH inserted by No. 62/2010 s. 106. 82PH Approval of plan by Minister (1) The Secretary and the Traditional Owner Land Management Board may submit to the Minister for approval— (a) a management plan agreed to under section 82PG; or (b) a management plan, that is substantially similar to a management plan already in force in relation to the appointed land, that has been adopted by both the Secretary and the Traditional Owner Land Management Board; or (c) a management plan prepared by the Secretary and the Traditional Owner Management Board, where sections 82PD, 82PE, 82PF and 82PG have not been complied with, if the Minister is satisfied that it is not necessary to comply with those sections. S. 82PH(1A) inserted by No. 19/2018 s. 71. (1A) If a management plan referred to in subsection (1)(b) or (c) applies to Parks Victoria managed land, the Secretary must not submit that plan to the Minister for approval unless the Secretary has consulted with Parks Victoria about the plan to the extent that it applies to Parks Victoria managed land. S. 82PH(1B) inserted by No. 42/2021 s. 36. (1B) If a management plan referred to in subsection (1)(b) or (c) applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must not submit that plan to the Minister for approval unless the Secretary has consulted with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority. (2) On receiving an agreed management plan under subsection (1)(a) or (c), the Minister may approve the plan. (3) On receiving an adopted management plan under subsection (1)(b), the Minister may approve the plan, if the Minister is satisfied— (a) that a substantially similar management plan is in force in relation to the appointed land; and (b) that that plan has been the subject of a public consultation process, similar to that specified in this Division within the previous 3 years. (4) Before approving a management plan under this section, if the Minister is not the relevant land Minister for the land that is the subject of the plan, the Minister must obtain the consent of the relevant land Minister. S. 82PI inserted by No. 62/2010 s. 106. 82PI Effect of plan (1) A management plan comes into effect on being approved by the Minister under section 82PH(2) or (3). (2) A management plan that has come into effect remains in effect— (a) until the plan is replaced by another management plan; or (b) the Minister, after consulting with the Traditional Owner Land Management Board and the Secretary, revokes his or her approval of the plan, given under section 82PH. S. 82PI(3) inserted by No. 19/2018 s. 72. (3) If a management plan applies to Parks Victoria managed land, before responding to the Minister on the proposed revocation of the plan under subsection (2)(b), the Secretary must consult with Parks Victoria about the plan to the extent that it applies to Parks Victoria managed land. S. 82PI(4) inserted by No. 42/2021 s. 37. (4) If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, before responding to the Minister on the proposed revocation of the plan under subsection (2)(b), the Secretary must consult with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority. S. 82PJ inserted by No. 62/2010 s. 106. 82PJ Variation of joint management plan (1) The Secretary and the Traditional Owner Land Management Board may submit a variation of a joint management plan to the Minister for approval. (2) The provisions of this Act applying to the preparation, completion, agreement to and approval of a joint management plan apply to a variation of a joint management plan as if a reference in those provisions to ***management plan*** were a reference to ***variation of a management plan***. (3) A variation of a joint management plan comes into effect on being approved by the Minister under subsection (1). (4) Before approving a variation of a joint management plan under this section, if the Minister is not the relevant land Minister for the land that is the subject of the plan, the Minister must obtain the consent of the relevant land Minister.