Land Conservation (Vehicle Control) Act 1972

The Act defines and relies on several key concepts.

Public land is the central jurisdictional trigger. Section 2 defines it to mean: (a) any unalienated land of the Crown, including land temporarily or permanently reserved under the Crown Land (Reserves) Act 1978; (b) State forest within the meaning of the Forests Act 1958; (c) park within the meaning of the National Parks Act 1975; and (e) land vested in any public authority other than a municipal council. Notably, the definition expressly excludes land vested in a municipal council , so local government parks and reserves are not covered unless they fall under another category. The definition has been amended several times; the current version (substituted by No. 81/2001) reflects the modern terminology of Crown land legislation.

Erosion hazard area is a designated class of public land established by proclamation under section 5. The declaration is made by the Governor in Council on the recommendation of the Secretary (the body corporate under Part 2 of the Conservation, Forests and Lands Act 1987). The Secretary can only recommend a declaration for land managed by another person or body if that person or body requests it. The area may be described by reference to a plan or map kept in the Central Plan Office, with copies kept by the managing body and at all police stations in the vicinity. Those copies must be open for inspection at all reasonable times without fee. Once declared, the land is subject to the automatic prohibitions in section 5(5), though written permission from the proper authority can exempt a person from those prohibitions.

Proper authority is defined in section 5(6). For public land vested in or under the management or control of a person or body, the proper authority is that person or body. For any other public land, it is the Minister. This definition is critical because the written permission exception in section 5(5) operates only if granted by the proper authority.

Secretary is defined by reference to the Conservation, Forests and Lands Act 1987. It is the body corporate established by Part 2 of that Act, which is effectively the state conservation agency.

Regulations under section 3 can be general or restricted in operation. They can be made for any of the purposes in section 3(1). Section 3(2)(ab), inserted by No. 51/2016, explicitly allows regulations to confer a discretionary authority or impose a power or duty on any specified person or body or class of specified person or body. This expands the scope for delegation to park managers, conservation officers, or other authorities. The regulations take effect notwithstanding anything in any regulation or by-law under any other Act (section 3(2)(d)), giving them primacy over other subordinate legislation.

Penalty units are the unit of fine calculation. At the time of the Act’s consolidation (as at 15 December 2017), one penalty unit was valued at around $161.19 (the value under the Monetary Units Act 2004 at that date). So 20 penalty units equates to approximately $3,223.80 as at 2017, though the actual amount changes with indexation. This penalty applies both to contravention of regulations (maximum prescribed) and to the specific prohibitions in section 5(5).

The Act does not create any private right of action, nor does it provide for any appeal mechanism from a declaration or a refusal of written permission. The only enforcement mechanism is through proceedings brought by the named categories of persons.

The Act has a broad reach that touches several groups.

Vehicle users and land visitors are the most directly affected. Anyone who drives, rides or uses a motorised vehicle on public land in Victoria must be aware whether that land is subject to regulations under the Act. This includes recreational four-wheel drivers, trail bike riders, off-road vehicle enthusiasts, hunters, campers, and commercial tour operators who take vehicles onto public land. If regulations prohibit or restrict vehicle use on particular public land, those users must comply or face a penalty of up to 20 penalty units. The Act does not merely ban vehicles outright; it allows for nuanced regulations that might restrict vehicles to certain times or areas, or impose conditions. Users must therefore check the specific regulations and any proclamations in force.

Land managers and public authorities are also affected. Any person or body having management or control of public land , such as Parks Victoria, the Department of Environment, Land, Water and Planning (DELWP), committees of management under the Crown Land (Reserves) Act, or the managers of State forests and national parks , can be the proper authority. They have the power to grant or refuse written permission for activities in erosion hazard areas. They also may be the body that can take proceedings for contravention of regulations relating to land under their control (section 4(b)). Furthermore, regulations can impose powers or duties on these bodies, and can authorise delegation to them.

Commercial operators who rely on vehicle access to public land for their business , such as tour guides, driving instructors, vehicle hire companies, and adventure tourism operators , face the risk that access may be restricted or prohibited by regulation or by an erosion hazard declaration. This can affect their business model, reduce the value of their licences or permits, and impose compliance costs to ensure they and their customers operate lawfully.

Enforcement bodies are specifically empowered. Police officers can bring proceedings. Additionally, authorised officers under Part 9 of the Conservation, Forests and Lands Act 1987 or Part 3 of the Victorian Fisheries Authority Act 2016 can bring proceedings. These officers include conservation officers, rangers, and fisheries officers. They have the power to issue infringement notices or prosecute.

State and local government are differentially affected. The Act expressly excludes land vested in a municipal council from the definition of public land, so local council land is not subject to the Act’s regulatory power. However, land vested in other public authorities (e.g. water authorities, port authorities) is included. This creates a patchwork of coverage.

The general public is affected indirectly through the availability of plans and maps. Anyone can inspect copies of plans or maps describing erosion hazard areas at police stations and with the land manager, without fee. This transparency requirement is a modest concession to public access to information, but in practice it relies on the public knowing to look.

The Governor in Council and the Secretary have the decision-making roles. The Secretary recommends erosion hazard declarations, and the Governor in Council makes regulations and proclamations. The Act gives these bodies wide discretion with minimal checks.

The Act imposes relatively few duties directly, leaving most obligations to be created by regulation. However, several duties are explicit.

Duty not to contravene regulations. Section 3 creates the power to make regulations prohibiting or regulating traffic and vehicle use on public land. Once regulations are made, any person must comply with them. The maximum penalty for contravention is 20 penalty units. This is a strict liability off ence (the Act does not require proof of intention). The duty is triggered only if regulations are in force; absent regulations, the Act imposes no general duty on vehicle users.

Duty not to commit prohibited acts in an erosion hazard area. Section 5(5) imposes five prohibitions on any person within an erosion hazard area: (a) possessing or using a motorised vehicle; (b) removing or damaging vegetation; (c) taking or removing sand, gravel, rock, clay or earth; (d) interfering with erosion prevention works; and (e) causing water or other fluid to be drained or to flow over the area. These prohibitions apply automatically once the area is declared, unless the person has written permission from the proper authority. The duty is absolute in the sense that no mental element is expressed; it is a strict liability offence. The penalty is again 20 penalty units.

Right to apply for written permission. A person within an erosion hazard area may seek written permission from the proper authority to engage in an otherwise prohibited activity. The Act does not prescribe the form of the application, the criteria for granting permission, or any time frame for a decision. The proper authority has absolute discretion. There is no right of review or appeal from a refusal. This creates uncertainty and potential for arbitrary outcomes.

Right to inspect plans and maps. Section 5(4) provides that any copy of a plan or map kept under section 5(3) shall at all reasonable times be open for inspection by any member of the public without fee. The managing body and all police stations in the vicinity must keep copies. This right enables a person to check whether a particular area is an erosion hazard area and to see its boundaries. However, the duty on the authorities is only to keep the copy; they are not required to actively publicise the declaration. A person who does not know of the declaration may still be caught by the prohibitions.

Right to bring proceedings. Section 4 entitles police officers, land managers, and authorised officers to take proceedings for contraventions. This is a right held only by these categories; private individuals cannot directly prosecute under the Act. However, a person could report a contravention to one of these authorised persons.

Duty to comply with regulations that confer discretionary authority. Section 3(2)(ab) allows regulations to confer discretionary authority or impose duties on specified persons or bodies. If regulations create a licensing or permit system, the holder of that authority may have a duty to exercise it in accordance with the regulations. But the Act itself does not specify any procedural fairness requirements.

No duty of care. The Act does not create a civil cause of action for breach of statutory duty. A person harmed by a contravention cannot sue based on this Act alone.

The Act provides for a maximum penalty of 20 penalty units for both contravention of regulations and for breach of the erosion hazard area prohibitions. At the 2017 value (the version date), 20 penalty units was approximately $3,223.80. The penalty is low compared to many environmental offences, which often run into hundreds of penalty units. This suggests the Act was designed for relatively minor breaches, though the impact on a user can still be significant.

Proceedings. Section 4 specifies three categories of persons who may take proceedings: (a) a police officer; (b) the person or body having management or control of the public land where the contravention occurred (but note that section 4(b) is limited to contraventions of a regulation in relation to land under their control); and (c) a person appointed as an authorised officer under Part 9 of the Conservation, Forests and Lands Act 1987 or Part 3 of the Victorian Fisheries Authority Act 2016. The Act does not specify the court; proceedings would be in the Magistrates’ Court of Victoria, as the offence is summary in nature (penalty under 600 penalty units).

No imprisonment. The Act does not provide for imprisonment as a penalty. This limits the seriousness of the offence, but also means that non-payment of a fine is the only sanction. Enforcement depends on the offender’s ability to pay.

Strict liability. The Act does not require proof of intention, knowledge, or recklessness. The prohibitions are absolute in language: “shall not”. This means that a person can be liable even if they did not know the area was an erosion hazard area, or did not know the regulations existed. The only defence might be a claim of honest and reasonable mistake of fact, but that is a common law defence, not statutory. The burden would be on the defendant to raise evidence.

Enforcement discretion. The designated classes of prosecutors have discretion whether to take proceedings. This creates the risk of inconsistent enforcement. In practice, most enforcement is likely by rangers or conservation officers. Police may have higher priorities. Land managers may be reluctant to prosecute users if they lack resources.

No private enforcement. As noted, members of the public cannot bring proceedings. This limits accountability; if an authorised person declines to act, there is no private remedy.

Penalty can be prescribed for regulations. Section 3(2)(c) says the maximum prescribed penalty is 20 penalty units. So a regulation could set a lower penalty, but cannot exceed 20. This gives some granularity.

No continuing penalty. The Act does not provide for a daily penalty for continuing offences. Each contravention would be a separate offence, but proving multiple contraventions may be difficult.

Erosion hazard area enforcement. For the section 5(5) offences, the prosecutor must prove that the land was publicly declared as an erosion hazard area under section 5(1). The plan or map is evidence. If the map is not properly kept or open, that may affect the prosecution. But the Act does not require that a person have notice of the declaration; it is enough that the area was declared.

Infringement notices. The Act does not itself create an infringement notice scheme. However, the regulations could provide for infringement penalties as an alternative to prosecution, subject to the Infringements Act 2006. The absence of an express provision suggests that the default is court proceeding, but regulations may fill the gap.

The Act is expressly given primacy over other subordinate legislation. Section 3(2)(d) provides that regulations under this Act “shall have full force and effect notwithstanding anything in any regulation or by-law under any other Act”. This means that if a regulation conflicts with a by-law made under the Local Government Act or a regulation under the National Parks Act, the regulation under this Act prevails. However, it does not override primary legislation. A provision in an Act (as opposed to a regulation) would prevail if inconsistent, unless the other Act is expressed to be subject to this one.

Interaction with the National Parks Act 1975. National parks are included in the definition of public land. This means the Governor in Council can make regulations under this Act that affect vehicle use in national parks, in addition to any regulations under the National Parks Act. The primacy clause ensures that if there is a conflict, the Land Conservation (Vehicle Control) regulations stand. That could create confusion for users who must check two sets of regulations.

Interaction with the Forests Act 1958. State forests are also public land. The Forests Act already provides for regulation of vehicles in state forests. The Land Conservation (Vehicle Control) Act adds an additional layer.

Interaction with the Crown Land (Reserves) Act 1978. Land reserved under that Act is included. Committees of management may find their by-laws overridden by regulations under this Act.

Interaction with the Local Government Act 1958 and later Acts. Land vested in a municipal council is expressly excluded from the definition of public land. So local council managed reserves and parks are not covered. But land vested in other public authorities is covered. This creates a divide: a council public park is not subject to this Act, but a park managed by a statutory authority (e.g., Parks Victoria) is.

Interaction with the Conservation, Forests and Lands Act 1987. That Act’s Part 9 provides for appointment of authorised officers, who can enforce this Act. The definition of Secretary in section 5(6) refers to the body corporate under Part 2 of that Act.

Interaction with the Victorian Fisheries Authority Act 2016. Authorised officers under Part 3 of that Act can also enforce this Act. That includes fisheries officers who may be on waterways near public land.

Interaction with the Subordinate Legislation Act 1994. Regulations under this Act are subject to the general framework for subordinate legislation, including tabling in Parliament and potential disallowance. However, section 3(2)(d) could complicate scrutiny because it overrides other subordinate legislation.

Interaction with the Erosion hazard area provisions and other environmental laws. The prohibition on removing vegetation, sand, etc. in an erosion hazard area overlaps with offences under the Wildlife Act 1975, the Flora and Fauna Guarantee Act 1988, and the Environment Protection Act 1970. The penalty under this Act is lower. A prosecution could be brought under multiple Acts, but the double jeopardy principle would apply.

Interaction with the Land Conservation Act itself. The Act was originally passed as a standalone statute. It has been amended by many subsequent Acts, including the Catchment and Land Protection Act 1994 and the Parks and Crown Land Legislation Amendment Act 2017. The amendments have updated definitions and expanded enforcement options, but the core structure remains.

Interaction with the Freedom of Information Act 1982. Maps and plans kept under section 5 are available for inspection without charge, which may reduce the need for FOI requests. But other documents, such as applications for permission, are not covered by this Act.

Interaction with the Charter of Human Rights and Responsibilities Act 2006. The Act’s broad regulation-making power and lack of merits review could potentially engage rights such as freedom of movement (s. 12) and property rights (s. 20). However, the Act predates the Charter; any Charter compatibility analysis would depend on how regulations are framed. No court has yet considered this.

Interaction with the Road Safety Act 1986. That Act governs vehicle use on roads. The Land Conservation (Vehicle Control) Act applies to public land, which is usually off-road. There may be overlap where a road is on public land. The primacy clause would give this Act’s regulations precedence over Road Safety regulations? Unlikely, because the Road Safety Act is primary legislation; regulations under it are subordinate. Section 3(2)(d) only applies to other “regulation or by-law”, not to another Act.

The Act has been amended multiple times. Key amendments include:

• National Parks Act 1975 (No. 8702): Amended section 4(c) (now repealed) relating to proceedings.
• Statute Law Revision (Repeals) Act 1982 (No. 9863): Repealed section 6.
• Conservation, Forests and Lands Act 1987 (No. 41): Amended section 2 definition (now substituted), section 4(c), and section 5(3) (references to Secretary).
• Catchment and Land Protection Act 1994 (No. 52): Amended section 5(1) and (2) to update references to the Secretary.
• Environment Conservation Council Act 1997 (No. 41): Amended section 2 definition (interim).
• Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998 (No. 76): Amended section 5(1), (2), (3) and substituted section 5(6) to define “proper authority” and “Secretary”.
• Victorian Environmental Assessment Council Act 2001 (No. 81): Substituted section 2 definition of “public land”. This is the current definition.
• Statute Law Revision Act 2013 (No. 70): Amended section 5(3) updating references.
• Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37): Substituted section 4(a) to refer to “police officer within the meaning of the Victoria Police Act 2013”.
• Crown Land Legislation Amendment Act 2016 (No. 51): Amended section 2 definition, inserted section 3(2)(ab) (discretionary authority), amended section 3(2)(c) (penalty), substituted section 4 heading and amended section 4, repealed section 4(d), amended section 5(3) and (5).
• Victorian Fisheries Authority Act 2016 (No. 68): Substituted section 4(c) to add authorised officers under Part 3 of that Act.
• Parks and Crown Land Legislation Amendment Act 2017 (No. 53): Amended section 5(3) referencing Central Plan Office map.

The most significant changes are the 2001 substitution of the definition of public land (aligning with modern Crown land legislation) and the 2016 amendments which expanded the regulation-making power to allow conferral of discretionary authority and added authorised officers from the Victorian Fisheries Authority. The 2016 amendments also replaced the heading to section 4 and modernised the enforcement provisions.

The source text does not mention any litigation history. The Act is a brief enabling statute, and most disputes would arise under the regulations rather than the Act itself. It is not listed in the endnotes as having any explanatory details or case references. A search of Victorian caselaw would reveal few cases; the Act’s low penalty and summary nature mean that appeals are rare. The Act has been the subject of limited judicial interpretation. Most reported decisions likely involve challenges to the validity of regulations or declarations, but none are referenced in the version provided. The lack of litigation may be because the Act is relatively uncontroversial or because most matters are dealt with by infringement notice. However, as the Act allows significant executive discretion without merits review, it is possible that future litigation could arise from refusals of permission or from declarations that restrict property rights. The absence of litigation history in the source means we cannot comment on any specific cases.

Several features of the Act may catch out the unwary.

Broad regulation-making power with potential retrospectivity. Section 3(2)(a) allows regulations to be restricted in operation as to time, place, vehicles, persons or circumstances “whether any such time place vehicle person or circumstance is determined or ascertainable before at or after the making of the regulations”. This language could authorise regulations that apply to conduct that occurred before the regulation was made. While the presumption against retrospectivity in statutory interpretation would apply, the text arguably permits it. Any person using public land must consider the risk that new regulations may purport to apply to past conduct, though courts would likely read down such a provision.

Regulations override other by-laws. Section 3(2)(d) gives regulations under this Act full force despite anything in any regulation or by-law under any other Act. A person who has checked the by-laws for a national park may still be caught by a conflicting regulation under this Act. This creates a trap for those relying on a single source of rules.

The erosion hazard area regime is triggered automatically upon proclamation. There is no requirement for signs or notice on the ground. The only notice is the publication in the Government Gazette and the availability of plans at police stations and with the land manager. A person entering an area without checking the Gazette or the police station may unknowingly commit an offence. The defence of ignorance of the law is not available. Practically, the maps may be outdated or not prominently displayed.

Written permission is discretionary and unreviewable. The proper authority can refuse permission for any reason or no reason. There is no statutory criteria, no time limit for a decision, and no appeal. A person who applies for permission for a commercial tour may be left in limbo, with no legal recourse if permission is denied. This gives land managers significant power.

Definition of “public land” excludes land vested in a municipal council. But note that land may be “public land” even if managed by a council under a delegation or if the land is reserved under the Crown Land (Reserves) Act but vested in a council. The exclusion is only for land vested in a municipal council. Many council parks are on Crown land reserved under the Crown Land (Reserves) Act, and the land may be vested in the Crown, not the council. So the exclusion is narrower than it might appear.

Penalties are indexed but low. The 20 penalty unit maximum might seem low, but at current rates (around $200 per unit in 2025) the fine is up to $4,000. For a recreational user that is significant. However, the low penalty may mean that prosecutors choose not to pursue cases, but it also means that the deterrent effect is weak.

No duty on authorities to inform the public of declarations. While maps must be available, there is no duty to erect signs at the boundary of an erosion hazard area. This contrasts with road traffic regulations where signs are mandatory. A person could easily drive into an area without knowing.

Delegation of powers. Regulations can allow delegation of powers to any person or body having management or control of public land, or any person in the service of such a body. This could include untrained volunteers or contractors. There is no requirement for training or impartiality.

The prohibition on “motorized vehicle” is broad. It covers any motorised vehicle, including electric scooters, e-bikes, quad bikes, and even motorised wheelchairs? The definition of “vehicle” is not defined in the Act; ordinary meaning would include any conveyance. The proper authority can grant written permission, but without that, using even a low-impact electric vehicle is prohibited.

No exception for emergencies. The Act does not contain an emergency services exemption in the erosion hazard area prohibitions. A person who enters with a motor vehicle to save a life would have to rely on the common law defence of necessity.

The Act does not sunset. It is a permanent legislative framework. Once regulations are made, they continue indefinitely until revoked. There is no automatic review.

Interaction with planning permits. If a person has a planning permit for an activity that involves vehicle use on public land, the permit does not override the Act. The permit holder must also comply with any regulations or erosion hazard prohibitions.

Complying with the Act requires a proactive approach, as the obligations are not always obvious.

Step 1: Determine whether the land is “public land” under section 2. Check whether the land is unalienated Crown land, a State forest, a national park, or land vested in a public authority (other than a municipal council). If it is a local council park, the Act likely does not apply, but be cautious: the land may still be subject to other vehicle control laws.

Step 2: Check whether any regulations under the Act are in force for that public land. Regulations may be made by the Governor in Council. They may prohibit or regulate traffic or vehicle use. Check the Victorian Legislation website for the “Land Conservation (Vehicle Control) Regulations” or any specific regulation that applies to the area (e.g., vehicle access regulations for certain parks). Note that regulations can be specific to a particular area, time, or type of vehicle.

Step 3: Check for erosion hazard area declarations. Search the Victorian Government Gazette for proclamations under section 5. Look at the relevant land manager’s website or visit the local police station to inspect the map. The map must be open for inspection without fee. Identify whether the area you intend to enter is within an erosion hazard area.

Step 4: If the area is an erosion hazard area, obtain written permission from the proper authority before engaging in any of the prohibited activities (using motor vehicles, removing vegetation, taking sand/gravel, interfering with erosion works, or draining water). Unless you have explicit written permission, you must avoid these activities entirely. The proper authority is either the land manager (for land under management or control of a body) or the Minister (for other Crown land). Apply in writing, setting out the activity, location, duration, and any mitigation measures. There is no prescribed form; keep a copy of the permission on you when on the land.

Step 5: If regulations impose conditions (e.g., vehicles only on designated tracks, speed limits, noise restrictions), comply strictly. Even if the land is not an erosion hazard area, the regulations apply.

Step 6: Keep aware of changes. Regulations and proclamations can be made or amended at any time. Subscribe to the Government Gazette updates or check periodically. The Act does not require notice to land users of changes.

Step 7: For commercial operators, incorporate compliance into your risk management. Keep a file of current regulations and declarations for any public land you use. Train staff to check maps. Have protocols for seeking written permission well in advance. Consider the risk that permission may be refused or delayed.

Step 8: Do not rely solely on signage. The Act does not mandate signs. Assume that any public land may be subject to regulations or declarations. If you are unsure, check with the land manager directly.

Step 9: If you are a land manager, ensure you have up-to-date copies of plans and maps available at police stations in the vicinity and at your office. Make them available without charge. Also consider whether you need to request the Secretary to recommend an erosion hazard declaration if you want to protect sensitive land. You can also enforce regulations by bringing proceedings against violators.

Step 10: If you receive an infringement notice or are prosecuted, seek legal advice. The Act provides for a maximum penalty of 20 penalty units. Defences are limited, but you may be able to argue honest and reasonable mistake of fact if you can show you took reasonable steps to ascertain the law. Obtain evidence of the maps, the declaration, and your efforts to comply.