50Power to declare land in reserved forests to be a forest park etc.

50 Power to declare land in reserved forests to be a forest park etc. S. 50(1) amended by Nos 8587 s. 6(a)(i)(ii), 9019 s. 2(1)(Sch. item 77), 9417 s. 5(1), 9615 s. 6. (1) The Governor in Council may by Order published in the Government Gazette at any time set aside and declare to be a forest park state park regional park multi-purpose park wilderness education area historic area flora and fauna reserve flora reserve scenic reserve alpine reserve roadside reserve or a reserve for any other purpose any land being the whole or any portion of a reserved forest and may at any time by the like Order revoke or vary any Order so made. S. 50(2) amended by Nos 41/1987 s. 103(Sch. 4 items 24.47, 24.48), 76/1998 s. 10(1)(i)(i)(ii), 19/2018 s. 114(1). (2) Where pursuant to subsection (1) of this section any land is set aside which is subject to a licence or permit granted under this Act for the grazing of cattle the Minister may after giving not less than three months' notice in writing to the holder of the licence or permit of the Minister's intention to do so cancel the licence or permit so far as it relates to that land and all rights and privileges conferred by the licence or permit with respect to that land shall cease accordingly. S. 50(3) amended by No. 7740 s. 5(a)(b), substituted by No. 9416 s. 4(1), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i). (3) (a) The Minister on the recommendation of the Secretary may appoint to be a committee of management or an advisory committee in relation to any land set aside pursuant to the provisions of subsection (1)— (i) any three or more persons; S. 50(3)(a)(ii) substituted by No. 13/1990 s. 40(b). (ii) any municipal council or any councillor; (iii) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for a public purpose; S. 50(3)(a)(iv) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 49). (iv) a company within the meaning of the Corporations Act that— (A) is taken to be registered in Victoria; and (B) is registered under section 150, or has a licence in force under section 151, of that Act; (v) any combination of such persons and bodies; S. 50(3)(a)(vi) amended by Nos 96/1994 s. 56(e), 74/2000 s. 3(Sch. 1 item 52.4). (vi) any one of the corporations or bodies referred to in subparagraph (ii), (iii) or (iv) together with an authorised officer— and may at any time remove any of those persons or bodies from office. (b) Where a corporation is appointed under this subsection with some other person or body to be a committee under this section the corporation shall appoint one of its members to act as the agent of the corporation for all purposes. S. 50(4) amended by Nos 8587 s. 6(b), 76/1998 s. 10(1)(i)(iii). (4) The members of a committee of management or an advisory committee appointed under this section who are not employees in the public service shall subject to such conditions as he may determine be entitled to receive such travelling allowances as are fixed by the Governor in Council. S. 50(4A) inserted by No. 19/2018 s. 114(2). (4A) A committee of management appointed under subsection (3), that is constituted by Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation— (a) a member of Parks Victoria; (b) a committee, established under the **Parks Victoria Act 2018**, consisting only of members of Parks Victoria; (c) the chief executive officer or an employee, or class of employee, of Parks Victoria; (d) the Secretary; (e) a person or a class of person employed under the **Public Administration Act 2004** in the administration of this Act. S. 50(4B) inserted by No. 19/2020 s. 91. (4B) A committee of management appointed under subsection (3) that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation— (a) a member of the Great Ocean Road Coast and Parks Authority; (b) the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority; (c) a person or a class of person employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act. S. 50(5) substituted by No. 7205 s. 2(a). (5) The Governor in Council may make regulations for or with respect to— S. 50(5)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (a) the care protection and management of such land by the land manager or the committee of management; S. 50(5)(aa) inserted by No. 9417 s. 5(2)(a). (aa) regulating the entry upon such land of persons and prohibiting or regulating the entry upon such land of vehicles and the landing of helicopters and other aircraft and prescribing the periods during which persons, vehicles, helicopters or other aircraft may remain upon or over that land; S. 50(5)(ab) inserted by No. 9417 s. 5(2)(a). (ab) regulating and controlling the use of such land by the public and prescribing conditions to be observed by persons using such land; (b) the preservation of good order and decency therein; S. 50(5)(ba) inserted by No. 9417 s. 5(2)(b), amended by No. 41/1987 s. 103(Sch. 4 item 24.49). (ba) prohibiting or restricting the bringing upon any such land or allowing the entry thereon of any animal included in a specified class of animals or imposing conditions subject to compliance with which such an animal is permitted to be brought into, allowed to enter or to remain upon such land and where regulations are in force prohibiting the bringing into or entry upon that land of specified animals the regulations may permit an authorised officer, where he is satisfied upon reasonable grounds that an animal has been brought into or entered upon that land in contravention of these regulations and is at large upon the land, to shoot or otherwise destroy the animal speedily and without causing it unnecessary suffering; S. 50(5)(bb) inserted by No. 109/2004 s. 21. (bb) the setting aside of areas of that land for specific purposes, including prohibiting or regulating— (i) access to and entry onto those areas; and (ii) activities in, or the use of, those areas; S. 50(5)(c) substituted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (c) the provision of services on such land by the land manager or the committee of management and the conditions under which any service so provided shall be available to or be used by any person; S. 50(5)(ca) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (ca) the carrying out of works and improvements on such land by the land manager or the committee of management; S. 50(5)(cb) inserted by No. 7340 s. 2(a). (cb) the health and safety of persons on such land or occupying or using any building or any part of a building thereon; S. 50(5)(cc) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (cc) the inspection and approval by the land manager or committee of management of plans and specifications for buildings or extensions or alterations to buildings required or permitted to be erected or made on such land under any lease licence or permit granted under section fifty-one or section fifty-two of this Act and the supervision by the land manager or committee of management of the erection or making thereof; S. 50(5)(cd) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (cd) the giving to the land manager or committee of management before any such building extension or alteration is commenced of security by way of a deposit of money or otherwise for the proper carrying out and completion of the work and the amount or value of the security; (d) the employment of officers servants and workmen by the committee of management; S. 50(5)(e) substituted by No. 7340 s. 2(b), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i), 48/2004 s. 104(1), 19/2018 s. 114(3) (4)(b)(c). (e) the imposition collection and receipt of tolls fees rents or other charges by the land manager or the committee of management for or in respect of— (i) entry upon such land or any specified part thereof; (ii) use of such land or any part thereof or any improvement thereon; S. 50(5)(e)(iii) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (iii) the construction and maintenance on such land by the land manager or the committee of management of roads or streets drainage works sewerage works water supply works and electricity supply works; S. 50(5)(e)(iv) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (iv) the supply of water and electricity and any other service whatever (whether of a similar or different kind) provided by the land manager or the committee of management on such land or in connexion with the use of such land or any building or improvement thereon; and S. 50(5)(e)(v) amended by No. 19/2018 s. 114(4)(a). (v) the examination and approval of plans for any new building or any extension or alteration to any building to be erected or made under any lease licence or permit granted under section 51 or 52— but so that no toll fee rent or charge imposed by any regulation made under subparagraphs (i), (ii) or (iii) shall be payable by any person who holds a lease licence or permit in respect of any such land which was granted under section 52(1)(a)(ii), (iii) or (iv); S. 50(5)(f) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 (f) the expenditure of any moneys received by the land manager or the committee of management in respect of any such land. S. 50(5A) inserted by No. 9936 s. 106(2), substituted by No. 86/1993 s. 41(3), amended by No. 63/2006 s. 61(Sch. item 16). (5A) The Minister must not submit to the Governor in Council regulations proposed to be made under subsection (5) that prohibit or restrict, or require the consent of the Minister to, the carrying out of exploration or mining within the meaning of the **Mineral Resources (Sustainable Development) Act 1990** on land set aside under subsection (1) that is restricted Crown land within the meaning of that Act unless the Minister has consulted with the Minister administering that Act in relation to the content of the proposed regulations. S. 50(6) inserted by No. 7205 s. 2(b), substituted by No. 7674 s. 4, amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i), 19/2018 s. 114(5). (6) Any moneys received by the land manager pursuant to any regulation made under this section shall be paid into a special trust fund kept in the Treasury for the purpose, and shall be available for— (a) the repayment of loans made for the provision of services and the carrying out of works and improvements on any such land, the payment of interest on such loans and the maintenance and extension of such services works and improvements; and (b) the provision and extension of other services and carrying out maintaining and extending other works and improvements on any such land. S. 50(7) inserted by No. 9416 s. 4(2), amended by No. 11/2001 s. 3(Sch. item 27), repealed by No. 48/2004 s. 104(2), new s. 50(7) inserted by No. 42/2021 s. 71. (7) Despite subsection (6), any moneys received by the Great Ocean Road Coast and Parks Authority pursuant to any regulation made under this section is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the **Great Ocean Road and Environs Protection Act 2020**. S. 50(8) inserted by No. 9416 s. 4(2), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i), 19/2018 s. 114(6). (8) A lessee or licensee of land within any reserve or the holder of any licence or permit relating to a reserve shall be liable to pay to the committee of management of the reserve or to the land manager (as the case requires) such amount as is fixed either generally or in any particular case by the committee of management with the approval of the Secretary or by the land manager and approved by the Minister— S. 50(8)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i), 19/2018 s. 114(7). (a) as an appropriate contribution towards the costs incurred by the committee or the land manager in providing facilities, amenities and services for that lessee, licensee or holder and the operation and maintenance of any such facilities, amenities and services or for community purposes; S. 50(8)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998 s. 10(1)(i)(i), 19/2018 s. 114(7). (b) as an annual contribution towards the costs incurred by the committee or by the land manager in providing operating and maintaining any such facilities, amenities and services or any one or more or any combination of any such activities. S. 50(9) inserted by No. 9416 s. 4(2). (9) Amounts payable under subsection (8) shall be payable as prescribed by the regulations and may in default of payment be recovered as a debt due to the Crown. S. 50(10) inserted by No. 9417 s. 5(3) (as amended by No. 9549 s. 2(1)(Sch. item 68)). (10) The Governor in Council may— S. 50(10)(a) amended by No. 13/1990 s. 40(c), substituted by No. 48/2004 s. 104(3). (a) annually appoint a registered company auditor to audit the accounts and records of any committee of management; or S. 50(10)(b) substituted by No. 93/1997 s. 28(Sch. item 14), amended by No. 53/1999 s. 26(Sch. item 12(a)). (b) in respect of any particular committee of management, direct that the accounts of the committee of management be audited by the Auditor-General and, if so— S. 50(10)(b)(i) amended by No. 53/1999 s. 26(Sch. item 12(b)). (i) the Auditor-General and any person assisting the Auditor-General has in respect of the audit all the powers conferred on the Auditor-General by any law relating to the audit of the Public Account; and (ii) the committee of management must pay to the Consolidated Fund an amount determined by the Auditor-General to defray the costs and expenses of the audit. S. 50(11) inserted by No. 48/2004 s. 104(4). (11) A registered company auditor appointed under subsection (10)(a) is entitled to be paid by the committee of management such remuneration as the Governor in Council determines. S. 50AA inserted by No. 62/2010 s. 117. 50AA Revocation and further setting aside and declaration of land (1) If a land agreement provides that land that is the subject of the agreement is to be set aside and declared for the purpose specified in the agreement, the Minister may recommend to the Governor in Council that any determination under section 50 in respect of the land be revoked and that the land be set aside and declared for the purposes set out in the recommendation. (2) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order in Council, revoke any determination under section 50 in respect of the land and set aside and declare the land for the purposes set out in the Order in Council. (3) The Minister must take all reasonable steps to make a recommendation under subsection (1), to give effect to the land agreement. (4) This section has effect despite anything to the contrary in any other provision of this Act. (5) In this section ***land agreement*** has the same meaning as in the **Traditional Owner Settlement Act 2010**. S. 50A inserted by No. 9417 s. 6. 50A Secretary may accept gift of certain lands subject to conditions S. 50A(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.50), 76/1998 s. 10(1)(j). (1) Where it appears to the Secretary that any land offered as a gift or devise under this section would be suitable for setting aside under section 50 if the land were reserved forest the Secretary may accept a gift or devise of the land subject to a condition entitling the donor or testator or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period where in the opinion of the Secretary it is expedient to do so for or in connexion with giving effect to the objects of this Act. S. 50A(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.50), 76/1998 s. 10(1)(j). (2) Where the Secretary accepts land under subsection (1) the Governor in Council may set aside and declare the land to be a park or reserve under section 50(1) in all respects as if the land were reserved forest and may by the like Order revoke or vary any Order so made. (3) Upon a declaration being made under subsection (2) the provisions of section 50, subsections (3), (4) and (5) shall extend and apply to the land declared but any regulations made under that section shall be subject to and have regard to the condition referred to in subsection (1) upon which the land was given by the donor. Heading preceding s. 51 substituted by No. 62/2010 s. 118. Leases, licences and management responsibilities No. 6073 s. 51. S. 51 amended by Nos 6842 s. 3, 6976 s. 9, 7740 s. 6, S.R. No. 258/1974 reg. 6, Nos 41/1987 s. 103(Sch. 4 item 24.51), 76/1998 s. 10(1)(j), 48/2004 s. 105, substituted by No. 40/2009 s. 19. 51 Leases of land in reserved forests S. 51(1) amended by No. 19/2018 s. 115. (1) The Minister may lease any Crown land in a reserved forest for a term of not more than 21 years for any purpose that the land manager recommends. (2) The Minister may lease any Crown land in a reserved forest for a term of more than 21 years but not more than 65 years, if the Minister is satisfied that— (a) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (b) the granting of a longer term lease is in the public interest. (3) A lease under this section is subject to— (a) the covenants, terms and conditions that are determined by the Minister; and (b) the payment of royalties as determined by the Minister. (4) The Minister may, for the purposes of entering into a lease of any Crown land in a reserved forest under this section, enter into an agreement to lease that land. (5) If the Minister enters into an agreement to lease Crown land in a reserved forest under subsection (4) and the agreement to lease grants a right to occupy land for a period of time, that period and the period of any lease entered into consequent on the agreement must not, when added together, exceed the maximum lease term permitted under this section. No. 6073 s. 52. 52 Licences and permits with respect to forests S. 52(1) amended by Nos 6976 s. 10(1)(a)(b), 7205 s. 3(a), S.R. No. 258/1974 reg. 7(a)–(c), Nos 9615 s. 7, 41/1987 s. 103(Sch. 4 items 24.52, 24.53), substituted by No. 90/1989 s. 10, amended by No. 76/1998 s. 10(1)(k)(i)(ii), substituted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(1). (1) The Minister may grant a licence or permit for a term of not more than 20 years, subject to any covenants, terms and conditions that may be prescribed, any additional covenants, terms and conditions that the Minister considers appropriate to impose in a particular case, and the payment of any rent, fees, royalties or charges that the Minister may determine. S. 52(1AA) inserted by No. 24/2024 s. 20. (1AA) The Minister must consider any prescribed matters before granting a licence or permit under this section. S. 52(1A) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(2). (1A) A licence or permit granted under this section in respect of Crown land in a reserved forest may be for any one or more of the following purposes that is specified in the licence or permit— (a) to graze cattle; (b) to graze cattle under agistment; (c) to occupy an area of not more than 2000 hectares for the exclusive cutting of timber; (d) to thin, cut and remove timber; S. 52(1A)(e) amended by No. 80/2009 s. 105(2). (e) to cut forest produce specified in the licence or permit; S. 52(1A)(f) amended by No. 80/2009 s. 105(2). (f) to dig forest produce specified in the licence or permit; S. 52(1A)(g) amended by Nos 80/2009 s. 105(2), 12/2016 s. 24(a). (g) subject to paragraph (i), to take away forest produce specified in the licence or permit; (h) to occupy for residence an area of not more than 0⋅4 hectares; S. 52(1A)(i) amended by No. 12/2016 s. 24(b). (i) any purpose for which a licence may be granted under Subdivision 2 of Division 9 of Part I of the **Land Act 1958**, except a bee site licence within the meaning of that Act; (j) any other purpose whatever relating to or connected with a state forest or forest produce. S. 52(1B) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(3). (1B) A licence or permit granted under this section to enter protected forest may be for any one or more of the following purposes that is specified in the licence or permit— S. 52(1B)(a) amended by No. 80/2009 s. 105(3). (a) to cut forest produce specified in the licence or permit; S. 52(1B)(b) amended by No. 80/2009 s. 105(3). (b) to dig forest produce specified in the licence or permit; S. 52(1B)(c) amended by No. 80/2009 s. 105(3). (c) to take away forest produce specified in the licence or permit. S. 52(1C) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(4). (1C) A licence or permit granted under this section to enter land set aside in section 50(1), may be for any one or more of the following purposes that is specified in the licence or permit— (a) to provide accommodation; (b) to store goods and liquid fuels; (c) to sell goods and liquid fuels; (d) to erect ski lifts; (e) to operate ski lifts; S. 52(1C)(f) amended by No. 19/2018 s. 116. (f) to provide any other facility or service which the Minister considers appropriate. S. 52(1D) inserted by No. 40/2009 s. 20. (1D) A licence or permit to which subsection (1C) applies must not be for an area of more than 1⋅25 hectares unless the Minister has approved the granting of the licence or permit for a greater area. S. 52(2) amended by Nos 9416 s. 5, 10087 s. 3(1)(Sch. 1 item 86), 41/1987 s. 103(Sch. 4 item 24.52), repealed by No. 41/1987 s. 103(Sch. 4 item 24.54), new s. 52(2) inserted by No. 48/2004 s. 106, amended by No. 80/2009 s. 105(5), repealed by No. 24/2024 s. 46. S. 52(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.55), 76/1998 s. 10(1)(k)(i), 80/2009 s. 105(6). (3) No permit or licence granted under this Act shall be transferable except with the authority in writing of the Minister. S. 52(4) amended by No. 6976 s. 10(2). (4) Any holder of a licence or permit granted under this section who fails to comply with the prescribed covenants terms and conditions relating to his licence or permit shall be guilty of an offence against this Act. S. 52(5) inserted by No. 6976 s. 10(3), amended by Nos 7205 s. 3(b), 41/1987 s. 103(Sch. 4 items 24.52, 24.56), 76/1998 s. 10(1)(k)(i), substituted by No. 80/2009 s. 105(7). (5) The Minister may suspend or cancel any licence or permit where the holder of the licence or permit has failed to comply with a prescribed covenant, term or condition of the licence or permit or any covenant, term or condition imposed by the Minister on the licence or permit. S. 52(6) inserted by No. 6976 s. 10(3), amended by Nos 41/1987 s. 103(Sch. 4 item 24.52), 76/1998 s. 10(1)(k)(i), repealed by No. 48/2004 s. 107. New s. 52A inserted by No. 82/2009 s. 35, repealed by No. 46/2012 s. 4. S. 52AA inserted by No. 48/2004 s. 108. 52AA No compensation payable or proceedings able to be taken On the repeal of section 52(6) by section 107 of the **Sustainable Forests (Timber) Act 2004**— (a) despite anything to the contrary in section 14 of the **Interpretation of Legislation Act 1984**, any entitlement, right or purported right in existence immediately before that repeal in respect of the granting of any further licence or permit for a licence or permit of a kind referred to in section 52(6) as in force immediately before its repeal ceases to exist; and (b) the holder of a licence or permit of a kind referred to in section 52(6) is not entitled to have that licence or permit renewed or reissued, whether any entitlement, right or purported right to do so arose under section 52(6), a term or condition of the licence or permit or in any other manner; and (c) no proceedings may be taken— (i) in respect of any loss, damage or injury resulting from or arising out of— (A) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or (B) the enactment of this section; or (ii) to seek a renewal, reissue or grant of a licence or permit, whether arising under any entitlement, right or purported right to do so under section 52(6), a term or condition of the licence or permit or in any other manner; and (d) no compensation is payable in respect of any loss, damage or injury resulting from or arising out of— (i) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or (ii) the enactment of this section. S. 52A inserted by No. 82/1990 s. 4, amended by Nos 76/1998 s. 10(1)(l), 97/2003 s. 4, repealed by No. 48/2004 s. 109(b). Ss 52B, 52C inserted by No. 82/1990 s. 4, amended by No. 76/1998 s. 10(1)(l), repealed by No. 48/2004 s. 109(b). Ss 52D, 52E inserted by No. 82/1990 s. 4, repealed by No. 48/2004 s. 109(b). S. 52F inserted by No. 82/1990 s. 4, amended by No. 76/1998 s. 10(1)(m), repealed by No. 48/2004 s. 109(b). No. 6073 s. 53.