149Offences

149 Offences (1) A person must not use or occupy land referred to in section 143(1) for a purpose relating to apiculture unless authorised to do so under any of the following— (a) a bee site licence; (b) a licence or right referred to in section 417, 418 or 419; (c) a licence granted under section 17 or 17B of the **Crown Land (Reserves) Act 1978**— (i) by a trustee or a committee of management (other than Parks Victoria); or S. 149(1)(c)(ii) amended by No. 42/2021 s. 96. (ii) by Parks Victoria or the Great Ocean Road Coast and Parks Authority as committee of management or the Secretary, which is continued in force by section 17I of that Act; (d) a licence or permit granted under section 52(1) of the **Forests Act 1958** which is continued in force by section 104 of that Act; (e) a permit granted under section 21(1)(b) of the **National Parks Act 1975** which is continued in force by clause 26 of Schedule One AA to that Act; (f) a licence granted under section 16(2)(a) of the **Wildlife Act 1975** which is continued in force by section 106 of that Act. (2) A person must not use or occupy the following land for a purpose relating to apiculture— (a) a wilderness park described in Schedule Two A to the **National Parks Act 1975**; (b) a wilderness zone described in Schedule Five to the **National Parks Act 1975**; (c) a natural catchment area described in Schedule 2 to the **Heritage Rivers Act** **1992**; (d) a reference area proclaimed under the **Reference Areas Act 1978**; S. 149(2)(e) substituted by No. 19/2018 s. 150. (e) land which is subject to an accepted recommendation— (i) recommending that the land be a reference area under the **Reference Areas Act 1978**; and (ii) that has been wholly accepted by Government or partly accepted if that partial acceptance includes the recommendation that the land be a reference area. (3) A bee site licensee must not use or occupy land referred to in section 143(1) in a manner that contravenes the licensee's bee site licence. (4) In this section, a person uses or occupies land for a purpose relating to apiculture if— (a) the person places or keeps hives on the land; or (b) the person permits the person's bees to forage over the land for nectar or pollen. Heading preceding s. 150 repealed by No. 40/2020 s. 44. Ss 150, 151 substituted by No. 9212 s. 2(2), repealed by No. 40/2020 s. 45. Pt 1 Div. 9 Subdiv. 3 (Heading) inserted by No. 10011 s. 14, amended by No. 90/1989 s. 9(a). Pt 1 Div. 9 Subdiv. 3 (s. 151AA) inserted by No. 10011 s. 14. Subdivision 3—Grant of leaseholds S. 151AA inserted by No. 10011 s. 14. 151AA Metropolitan lessees may obtain grant of land S. 151AA(1) amended by No. 90/1989 s. 9(b). (1) Notwithstanding anything to the contrary in this Act, where a lease (which is not for amusement or recreational purposes) of any Crown land has been granted under a provision of subdivision 1 or under any corresponding previous enactment, the Minister may enter into a contract for the sale of that land to the person who was the lessee of that land at a purchase price and upon the terms and conditions (including terms and conditions as to interest charges) determined by the Minister. (2) A purchaser under a contract entered into under subsection (1) may with the written consent of the Minister assign his interest under the contract to another person. (3) Upon payment in full of the purchase price the Governor in Council shall grant in fee simple the land the subject of the contract to the purchaser under the contract or his assignee. (4) A Crown grant made under this section shall contain the covenants, conditions, exceptions and reservations determined by the Governor in Council. (5) Before any contract under subsection (1) is entered into, the lessee of the land which is to be the subject of the contract shall transfer and surrender any leases held by him over the land to the Crown. S. 151AA(6) amended by No. 45/1987 s. 205(Sch. item 39), repealed by No. 90/1989 s. 9(c). Pt 1 Div. 9A (Heading and ss 151A–151L) inserted by No. 6521 s. 3, amended by Nos 7228 s. 7(Sch. 4 Pt 19(da)(ea)), 7332 s. 2(Sch. 1 item 38), substituted by No. 7395 s. 2.