21Trustees of reserves to be deemed occupiers

21 Trustees of reserves to be deemed occupiers S. 21(1) amended by No. 30/2014 s. 12. (1) The word ***owners*** in section 16 of the **Fences Act 1968** shall for the purposes of that section be deemed to include the trustees or persons having the care control or management of any land whether permanently reserved or not. S. 21(2) inserted by No. 31/2013 s. 4(2). (2) Subsection (1) as in force immediately before the commencement of section 4 of the **Justice Legislation Amendment Act 2013** continues to apply in relation to a right or liability arising in relation to a fence or proposed fence for which a notice to fence was served under section 6 of the **Fences Act 1968** before that commencement. S. 21AA inserted by No. 53/2014 s. 9. 21AA Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land (1) A person must not— (a) construct, remove or alter a levee on land reserved under this Act; or (b) carry out maintenance on a levee on land reserved under this Act. Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both. (2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee— (a) in the performance of a function under this Act or the regulations; or (b) that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act. S. 21AA(2A) inserted by No. 43/2015 s. 35. (2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the **Victoria State Emergency Service Act 2005**. (3) Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit. (4) In this section— ***levee*** has the same meaning as in Part 5AA of the **Water Act 1989**; ***levee maintenance permit*** has the same meaning as in the **Water Act 1989**; ***maintenance*** has the same meaning as in Part 5AA of the **Water Act 1989**. S. 21AB inserted by No. 49/2017 s. 75. 21AB Obligations of committees of management and trustees in relation to Yarra River land (1) A committee of management or trustees in relation to land that forms part of Yarra River land— (a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the committee or trustees when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and (b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the committee of management or trustees, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land. S. 21AB(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.3). (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a committee of management or trustees in relation to— S. 21AC inserted by No. 17/2018 s. 12. 21AC Obligations of committees of management and trustees in relation to declared areas (1) A committee of management or trustees in relation to land that forms part of a declared area, when performing a function or duty or exercising a power under this Act in relation to that declared area— (a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the committee of management or trustees; and (b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the committee of management or trustees; and (c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**. S. 21AC(2) substituted by No. 43/2021 s. 219(Sch. 1 item 3.4). (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a committee of management or trustees in relation to— Pt 3A (Heading and ss 21A–21J) inserted by No. 40/2009 s. 15. Part 3A—Tour operator licences S. 21AD inserted by No. 42/2021 s. 51. 21AD Definition for this Part ***land manager***, in relation to land in the Great Ocean Road coast and parks on and from 1 July 2023, means the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager. S. 21A inserted by No. 40/2009 s. 15.