Land (Tour Operator Licence Fee) Regulations 2021

The Regulations organise the fee framework around a small set of repeatable legal concepts.

• Standard licence v competitively allocated licence. The Regulations define a standard licence as one granted following a standard application process and a competitively allocated licence as one granted after a publicly advertised Expression of Interest process (reg 3). Part 2 governs standard licences (regs 4-9); Part 3 governs competitively allocated licences (regs 10-14). Part 3 only applies where the Minister or authorised person "determines that it is necessary to limit the number of tour operator licences" for environmental, cultural or public safety reasons (reg 10).

• Licence fees and use fees. The Regulations distinguish an annual licence fee component and a recurring use fee component. The annual licence fee for standard licences is expressed in fee units and differs by grant length (reg 5). For competitively allocated licences the annual licence fee is the fee fixed and published in the relevant Expression of Interest document, but must be at least 20.78 fee units (reg 12(1)-(3)). The use fee is defined as the fee calculated by the Minister or an authorised person "based on the number of individuals who, each day, enter Crown land ... as part of an organised tour or recreational activity for profit" run by the licence holder (reg 3 definition of "use fee"). The per‑person dollar rates are fixed in the Regulations: $2.40 per non‑child per day and $1.60 per child per day (regs 6(2)-(3), 13(1)).

• Fee units. Several amounts are denominated in fee units rather than dollar amounts (for example, the standard licence fee and the cap in reg 7). The Endnotes explain fee‑unit conversion mechanics under the Monetary Units Act 2004: the Treasurer fixes the value for each financial year and it must be published (Endnotes, Explanatory details). The Explanatory details give the value of a fee unit for 1 July 2024 as $16.33 and for 1 July 2025 as $16.81, and require rounding to the nearest 10 cents.

• Caps and refunds. For standard licences there is a use fee cap expressed in fee units: 1,018.74 fee units per financial year (reg 7). If use fees paid exceed the cap the licence holder is not liable to pay further use fees that year and is entitled to a refund of any excess payments at the end of the financial year (reg 8(2)). Refunds for surrender or cancellation are subject to pro‑rata rules (regs 16(3), 17).

• Administrative discretion and relief. The Minister or a person authorised by the Minister is given decision‑making authority across the scheme: calculating use fees, fixing competitively allocated licence fees in an EOI (having regard to guidelines), accepting applications, receiving trip returns, making waiver/reduction/refund decisions and initiating such relief on their own motion (regs 6(1), 12(1), 9(2)(c), 14(2)(c), 15(3), 15(5)). The Regulations set decision factors for relief: undue financial hardship, manifest unfairness, and the impact of natural or unnatural events on the holder's ability to operate (reg 15(4)).

• Recordkeeping and returns. The Act requires certain payments and the Regulations prescribe the form and frequency of returns. Licence holders must keep daily records and provide the prescribed Form 1 trip return either quarterly or annually (regs 9(1)-(2), 14(1)-(2); Schedule 1).

These core concepts determine who pays, what they pay, how collections and reconciliations occur, and the scope of administrative discretion.

Primary payers and reporting parties

• Licence applicants and licence holders. The Regulations directly regulate applicants for tour operator licences and holders of such licences for Crown land not held under lease under the Land Act 1958. For standard and competitively allocated application pathways applicants are not required to pay any fee under section 140J of the Act (regs 4 and 11), but successful applicants must pay the annual licence fee imposed by these Regulations (regs 5 and 12).

• Tour participants. The use fee is assessed by reference to the number of persons entering Crown land each day as part of a tour or recreational activity (reg 3 definition of "use fee", regs 6 and 13). The practical effect is that tour operators bear the financial obligation, but the per‑person design means the marginal cost of adding participants is monetised through the operator; tour pricing and participation decisions may be affected by the per‑person fee schedule ($2.40 per adult, $1.60 per child (regs 6(2)-(3), 13(1))).

Administrative decision‑makers and agencies

• The Minister and authorised persons. The Minister or a person authorised by the Minister plays multiple roles: setting use fees (calculated using the per‑person rates), fixing fees in Expression of Interest documents for competitively allocated licences (subject to guidelines), receiving returns, making waiver/reduction/refund decisions and initiating relief on their own motion (see regs 6(1), 12(1), 9(2)(c), 14(2)(c), 15(3), 15(5)). That centralises decision power with the Minister or authorised delegates.

• Land management agencies. The Schedule requests the "Address of land management agency" on the trip return, and the Minister or authorised person will be the recipient of returns (Schedule 1; regs 9(2)(c), 14(2)(c)). Land management agencies will therefore be involved operationally in administering licences and collecting returns.

Other affected parties

• Schools and children. The Regulations define child as a person under 16 or a person of compulsory school age who is educated at a school (reg 3), and set a lower per‑child use fee (regs 6(3), 13(1)). School trips will therefore attract the child rate if participants meet the definition.

• Potential applicants in competitive processes. Where the Minister determines a limit is necessary (reg 10), prospective operators will compete through publicly advertised Expression of Interest documents. Those EOI documents fix the licence fee component (reg 12(1)) and include any guidelines the Minister issues for fee setting (reg 12(1)(a)(ii)). This affects entrants who must budget for a minimum statutory licence fee of 20.78 fee units (reg 12(2)).

Indirect effects

• Pricing and product design for tour operators. Operators will internalise per‑person per‑day costs when setting prices, potentially affecting product size (group sizes), duration, frequency and target markets.

• Cashflow and accounting. Options to pay quarterly or annually for use fees, to pay licence fees in lump sum or in-year instalments for multi‑year licences (regs 5(3)-(5), 8(1), 12(3)) affect operators’ cashflow planning.

• Administrative burden for small operators. Daily record‑keeping and quarterly or annual reporting obligations (regs 9, 14; Schedule 1) generate compliance costs, particularly where the cap or refunds require year‑end reconciliation (reg 8(2)).

The Regulations articulate who pays and who decides; they allocate day‑to‑day compliance obligations to licence holders while concentrating fee‑setting and relief powers with the Minister or authorised persons.

Statutory duties imposed on licence holders

• Pay the annual licence fee when a licence is granted. Standard licence holders must pay 20.78 fee units on grant for a one‑year licence (reg 5(2)). For multi‑year standard licences the holder must pay 16.3 fee units on grant for the period to 30 June and by each subsequent 30 June for later years (reg 5(3)-(4)). Competitively allocated licence holders must pay the fee fixed in the relevant Expression of Interest document, at least 20.78 fee units (reg 12(1)-(3)).

• Pay use fees based on participation. Holders must pay use fees calculated using the fixed per‑person amounts: $2.40 per adult per day and $1.60 per child per day (regs 6(2)-(3), 13(1)). The defined "use fee" ties liability to the number of individuals who, each day, enter Crown land as part of an organised tour or recreational activity conducted by the licence holder (reg 3).

• Maintain daily records and submit trip returns. The holder must maintain a record of numbers participating in each day that tours or activities are conducted (reg 9(1); reg 14(1)). The record must be in Form 1 in Schedule 1 and provided quarterly or annually to the Minister or authorised person (regs 9(2), 14(2); Schedule 1).

• Choose payment periodicity where available. Holders may pay use fees quarterly or annually (regs 8(1), 13(2)). Multi‑year standard licence holders may elect to pay subsequent year fees in a lump sum on grant (reg 5(5)). Competitively allocated licence holders may pay licence fees either annually on the same schedule or as a lump sum at the start of the licence period (reg 12(3)).

• Apply in writing for waiver, reduction or refund. A holder may apply in writing for waiver, reduction or refund of fees (reg 15(1)-(2)). The Regulations require written applications (reg 15(2)).

Statutory rights, entitlements and limits

• Right to refund where payments exceed cap. If a standard licence holder pays use fees that exceed the use fee cap of 1,018.74 fee units in a financial year, they are not liable for use fees beyond the cap and are entitled to a refund for amounts paid in excess at the end of the financial year (regs 7, 8(2)).

• Right to pro‑rata refund on surrender. The Minister or authorised person may refund, pro‑rata, any fees paid in advance for a non‑commenced year if the holder surrenders the licence (reg 17).

• Right to pro‑rata refund on cancellation in certain circumstances. A person whose licence has been cancelled under s 140Q of the Act is generally not eligible for refund (reg 16(2)), but where the cancelled licence was held for a period greater than one year before cancellation the person remains eligible for a pro‑rata refund for any non‑commenced year if fees were paid in advance (reg 16(3)).

• Ministerial discretion over relief. The Minister or authorised person may waive, reduce or refund fees on their own motion as well as on application (reg 15(5)). When exercising this discretion they must have regard to specified factors, including undue financial hardship, manifest unfairness and the impact of natural or unnatural events on the holder's ability to conduct tours (reg 15(4)).

Limitations and ineligibilities

• No relief while suspended or cancelled (subject to narrow exception). A licence suspended under s 140O is ineligible for waiver, reduction or refund of both outstanding and paid fees (reg 16(1)). A licence cancelled under s 140Q carries similar ineligibility, with the limited exception for pro‑rata refund set out in reg 16(3).

• Reporting and certification duties. Schedule 1 Form 1 requires a certified statement that the records are a true and correct account and provides tick boxes for quarter periods. False certification may have consequences under other law; the Regulations themselves require the certification but do not specify the penalties (Schedule 1; see the Penalties and enforcement section below).

Delegations and administrative roles

• The Minister may authorise persons to act for many functions: calculating use fees, fixing EOI fees, receiving returns, deciding release of fees, and making refunds (regs 6(1), 12(1), 9(2)(c), 14(2)(c), 15(3)). The Regulations therefore create duties that are administered and enforced through ministerial delegation.

These duties and rights create a framework for fee collection, record keeping, reconciliation against a cap, and an administrative pathway for relief, with discrete limits where suspension or cancellation intervenes.

The Regulations themselves do not create express penalty offences or specify civil penalties; they set out monetary obligations, recordkeeping requirements and refund/waiver procedures but leave enforcement and sanctioning to the Land Act framework and administrative processes. The Regulations reference enforcement consequences under the Land Act by cross‑reference only.

What the Regulations say about enforcement

• Suspension and cancellation affect relief eligibility. Regulations 16(1)-(2) make a licence holder ineligible for waiver, reduction or refund if the holder's licence has been suspended under s 140O or cancelled under s 140Q of the Land Act. Those references indicate that suspension and cancellation provisions in the Act are material to access to fee relief, but the Regulations do not themselves set the grounds, procedures, or penalties relating to suspension or cancellation; those are matters for the Act.

• Certification and returns. Schedule 1 requires a certificate that the trip return records are "a true and correct account" of tours conducted for the period and a selection of quarter periods. The Regulations require submission to the Minister or authorised person (regs 9(2)(c), 14(2)(c)). The Regulations do not specify direct penalties for false statements on the Form 1; potential legal consequences for false statements would arise under other statutes (for example, statutory offence provisions in the Land Act or general criminal law), but those provisions are not invoked or elaborated in this instrument.

Where enforcement power likely resides (as indicated by the text)

• The Land Act 1958. The Regulations are made under ss 413 and 413A of the Land Act (reg 2) and repeatedly anchor their mechanics to sections 140J, 140K, 140O and 140Q of the Act (see regs 4, 5, 11, 12, 16). The Act contains the primary licensing, suspension, cancellation and enforcement regime; the Regulations therefore operate within and rely on the Act's enforcement architecture. Users must consult the Land Act to identify specific penalties, offences, compliance powers and administrative sanctioning mechanisms.

• Administrative remedies and reconciliation. Enforcement in practice will include reconciliation of returns against reported use fees, assessment of payments against the use fee cap and recovery or refund processes administered by the Minister or authorised persons under reg 15(3) and reg 8(2). The Minister may also act on their own motion to waive or refund (reg 15(5)), which is an administrative relief mechanism rather than a sanction.

Practical enforcement signals and compliance risks

• Audit and verification. The Regulations require daily records and certified returns. The combination of self‑reporting and ministerial discretion to request and receive those returns indicates that verification and audit are possible administrative tools to enforce compliance, although the Regulations do not set out audit powers or evidentiary burdens.

• Ineligibility for relief as leverage. The explicit ineligibility for fee relief where licences have been suspended or cancelled (reg 16) creates an enforcement lever: non‑compliance that leads to suspension or cancellation also removes access to financial relief and refunds.

• No express penalty in these Regulations. Because the Regulations do not themselves prescribe monetary penalties, imprisonment, or civil penalty provisions, enforcement must be pursued under the Land Act or other relevant legislation. Practitioners should therefore map the obligations in these Regulations against the enforcement and offence provisions of the Land Act and related statutes.

In short, the Regulations create duties and administrative remedies; they rely on the Land Act for suspension/cancellation enforcement and do not set standalone penalty offences within the statutory instrument.

The Regulations are explicitly dependent on and interconnected with several other statutes and legislative instruments mentioned in the text and Endnotes. The interaction is mechanical and textual in most respects.

Land Act 1958

• Authorising powers and administrative context. The Regulations are made under ss 413 and 413A of the Land Act 1958 (reg 2). They repeatedly operate "for the purposes of" sections 140J and 140K of the Act when addressing the application and annual licence fee mechanics (regs 4, 5, 11, 12). The eligibility consequences in reg 16 refer to suspension under s 140O and cancellation under s 140Q of the Act. Practitioners must therefore read these Regulations together with the specified sections of the Land Act to determine the full licensing, suspension, cancellation, offence and appeal framework.

Monetary Units Act 2004

• Fee unit valuation and rounding. Fee‑denominated amounts in these Regulations (for example, the standard licence fee figures and the use fee cap) are converted into dollar amounts under the Monetary Units Act 2004. The Endnotes set out that the amount of the fee is to be calculated under s 7 of that Act by multiplying the number of fee units by the value of a fee unit and that the Treasurer fixes the fee‑unit value for each financial year under s 5 of that Act (Endnotes, Explanatory details). The Regulations therefore have a dynamic dollar‑value component tied to the Monetary Units Act requirements (publication of fee unit values in Gazette and newspaper before 1 June). Rounding to the nearest 10 cents is prescribed in the Explanatory details.

Education and Training Reform Act 2006

• Definitions used for age/status determinations. The Regulations adopt "compulsory school age" and "school" definitions from the Education and Training Reform Act 2006 for the purpose of defining "child" (reg 3). That determines eligibility for the lower per‑person rate ($1.60 per child per day). Because the definition imports the Education Act meaning, operators who rely on that child rate must ensure participants meet the Act’s definition of school attendance or compulsory school age.

Interpretation of Legislation Act 1984 (ILA)

• Style, headings and Endnotes. The Endnotes explain the effect of the ILA on headings, examples, punctuation and other drafting conventions and note that explanatory details and endnotes are not part of the Statutory Rule (Endnotes 1 and 3). Practitioners should be aware that Explanatory details are guidance rather than operative law, although they are printed with the instrument and provide fee‑unit conversion data.

Other administrative law and criminal law provisions

• False certification, misstatement and administrative review. The Regulations require certified trip returns (Schedule 1). While the Regulations do not create specific sanctions for false statements, other statutes and common law remedies (including offences around false statements to public authorities or administrative review/merits review regimes applicable to decisions under the Land Act) may apply. The precise cross‑mapping must be done against the Land Act and criminal statute book.

Practical interaction points

• Timing and publication obligations under Monetary Units Act: the fee unit value must be published in the Gazette and a Victorian newspaper before 1 June in the preceding financial year (Endnotes, Explanatory details). This affects planning and accounting for licence holders whose obligations are in fee units.

• Competitive allocation via EOI: the Regulations require fees for competitively allocated licences to be set out in the Expression of Interest document, and the Minister or authorised person must have regard to any guidelines issued by the Minister when doing so (reg 12(1)(a)(ii)). That links the public procurement/administrative law of EOI processes with licence fee setting.

In sum, these Regulations operate as a fee layer that sits within the Land Act licensing framework, with monetary conversions governed by the Monetary Units Act and age/education definitions drawn from the Education and Training Reform Act.

The statutory instrument includes a short but specific amendment record and an incorporated version date.

• Original making and commencement. The Regulations were made on 29 June 2021 by the Governor in Council under ss 413 and 413A of the Land Act and came into operation on 29 June 2021 (Endnotes 1). The Statutory Rule number is S.R. No. 66/2021.

• Amendments incorporated. The published version is "Version incorporating amendments as at 11 June 2025." The Table of Amendments lists two amendment instruments that have modified the Regulations since enactment:

  • Land (Tour Operator Licence Fee) Amendment Regulations 2023, S.R. No. 43/2023: made 6 June 2023, commenced 6 June 2023 (Endnotes 2, Table of Amendments).

  • Land (Tour Operator Licence Fee) Amendment Regulations 2025, S.R. No. 43/2025: made 11 June 2025, commenced 11 June 2025 (Endnotes 2).

• Specific amendment note. Regulation 18 (expiry) carries an amendment note: "Reg. 18 amended by S.R. Nos 43/2023 reg. 3, 43/2025 reg. 3." That indicates the expiry provision has been updated twice by the 2023 and 2025 amending regulations (reg 18 endnote).

• Effect on expiry. The current instrument contains an explicit expiry date of 30 June 2026 (reg 18). The fact that that date has been amended twice suggests the expiry has been extended or adjusted by the amending instruments; the incorporated version shows expiry at 30 June 2026.

• Fee‑unit related explanatory updates. The Explanatory details section (Endnotes, Explanatory details) sets the value of a fee unit for specified financial years (1 July 2024 = $16.33; 1 July 2025 = $16.81) and the rounding rule for calculated fees. These details are included in the printed instrument and the Endnotes, although the Endnotes state explanatory details are not part of the Statutory Rule (Endnotes 3).

How to treat the amendment history as a practitioner

• Always check the incorporated version date. The instrument you rely on here incorporates amendments to 11 June 2025. Any later amending instruments will not be reflected and must be checked on the legislation website. The Endnotes themselves advise that up‑to‑date legislative information is available at the Victorian legislation site (Endnotes 1).

• Focused amendment pattern. The amendment history is short and focused: two amending regulations with recorded commencement dates. The principal operational change explicitly recorded in the instrument is the amendment of the expiry date (reg 18), but practioners should inspect the full text of the S.R. No. 43/2023 and S.R. No. 43/2025 instruments to identify any other substantive changes those instruments made to the numbered regulations.

• Version control for fee calculations. Fee‑unit values change by Treasurer determination and the Explanatory details list values for specific years; these changes are not formal amendments to the Regulations but materially change dollar amounts. Keep the fee‑unit table under the Monetary Units Act and Gazette announcements under active review.

The Regulations themselves do not contain any references to case law, and the Endnotes and Schedule do not identify litigation that has interpreted them. The Statutory Rule as printed provides no litigation history. There are three points to note for practitioners seeking precedent or dispute history:

• No cases cited in the instrument. The Regulations do not name any judicial authorities, and the Endnotes state that explanatory material and endnotes do not form part of the Statutory Rule. The instrument therefore offers no internal case references.

• Enforcement and disputes will be routed through the Land Act architecture. Since the Regulations rely on and reference the Land Act 1958 (reg 2 and multiple cross‑references to sections within the Act), litigation or administrative review arising from fees, suspension, cancellation, or record‑keeping obligations is likely to appear in decisions and authorities that focus primarily on the Land Act provisions (for example, proceedings challenging suspension under s 140O or cancellation under s 140Q). To find litigation that relates to fee disputes or licence suspensions one must search Land Act case law and administrative tribunal decisions rather than the instrument itself.

• Administrative decision making may generate reviewable decisions. Decisions by the Minister or authorised persons under reg 15 (waiver/reduction/refund) or reg 12 (award of competitively allocated licences and fee settings in EOIs) are administrative decisions and therefore may be subject to merits review (where the relevant review bodies have jurisdiction) or judicial review. The Regulations set the decision factors for reg 15(4), which can frame grounds for judicial or merits review if decision‑making fails to take those factors into account or misapplies them. No litigation examples are provided in the instrument.

Practical guidance

• If you need precedent on enforcement, suspension, cancellation or review of administrative decisions that affect fee obligations under these Regulations, target Land Act litigation and administrative review decisions rather than searching within the Regulations. The absence of litigation references in the Regulations is not indicative of absence of disputes; it simply reflects that regulatory instruments typically do not print litigation histories.

• Keep an eye on tribunal and VCAT decisions or Supreme Court cases that reference s 140J-140Q of the Land Act, as such decisions will be the primary source of interpretive guidance for disputes arising under this fee regime.

This section flags technical traps, timing issues and common practical pitfalls that arise directly from the text of the Regulations.

1. Fee units versus dollars, and rounding. Several amounts (standard annual licence fee, multi‑year annual fee, and the use fee cap) are expressed in fee units (regs 5(2), 5(4), reg 7). The dollar amount depends on the Treasurer's fee‑unit value for the relevant financial year under the Monetary Units Act 2004 (Endnotes, Explanatory details). The Explanatory details supply values for 1 July 2024 ($16.33) and 1 July 2025 ($16.81) and require rounding to the nearest 10 cents. Practitioners must convert fee units for the correct financial year and apply the rounding rule; failing to use the correct fee‑unit value will produce incorrect dollar demands and reconciliation errors.

2. Use fee cap is expressed in fee units, not dollars. Reg 7 caps standard licence use fees at 1,018.74 fee units per financial year. Using the Explanatory details, for the 2024-25 year that cap is approximately $16,636.00 (1018.74 × $16.33, rounded to nearest 10 cents). For 2025-26 it is approximately $17,125.00 (1018.74 × $16.81). Operators must track cumulative use fee payments against the fee‑unit cap, not a fixed dollar threshold, and reconcile at year end for refund entitlement (reg 8(2)).

3. Daily, per‑person counting multiplies liability. The "use fee" is calculated "based on the number of individuals who, each day, enter Crown land" as part of a tour (reg 3). That means a single person who attends tours on multiple days is counted each day. For multi‑day tours or repeat attendances the liability compounds per person‑day. The trip return Form 1 is structured to capture number of adults and students/children and number of days/trips (Schedule 1), so holders must capture both headcount and number of days to calculate use fees accurately.

4. Certification and evidentiary recordkeeping. Form 1 requires certification that the records are "true and correct" and tick box selection of the quarter period (Schedule 1). The Regulations require records to be maintained for each day a tour is conducted and submitted quarterly or annually (regs 9(1)-(2), 14(1)-(2)). There is no express retention period in the Regulations; retain supporting evidence (booking records, attendance lists, payment receipts) as a practical matter to support certification if audited.

5. Relief is discretionary and subject to limits. The Minister or authorised person "may" waive, reduce or refund fees (reg 15(3)). Decision factors are listed (reg 15(4)) but the instrument gives no appeal mechanism within its text and does not require particular procedure for decision-making other than having regard to the listed factors. Moreover, suspension under s 140O or cancellation under s 140Q makes holders ineligible for fee relief (reg 16(1)-(2)), except for the limited pro‑rata refund for non‑commenced years after cancellation where the licence had been held for over one year (reg 16(3)). Operators who rely on relief as a contingency should document events and seek written decisions to preserve review rights under the Act.

6. Competitively allocated fees are set by EOI, but with a statutory floor. For competitively allocated licences the fee fixed in the Expression of Interest document is binding and must be at least 20.78 fee units (reg 12(1)-(2)). EOIs can therefore set licence pricing materially above the standard licence fee; prospective applicants must factor EOI fee levels into bid pricing and feasibility.

7. Payment options interact with cap and refunds. Use fees can be paid quarterly or annually (regs 8(1), 13(2)); multi‑year licence fees may be paid in lump sum at grant (reg 5(5), reg 12(3)(b)). Paying in advance creates potential entitlement to pro‑rata refund on surrender or cancellation (regs 16(3), 17). But a licence suspended or cancelled may lose refund eligibility (reg 16). Operators should weigh cashflow advantages of advance payment against the possibility of ineligibility for refund.

8. Term‑limited instrument. The Regulations expire on 30 June 2026 (reg 18). That expiry could remove the prescribed fee framework if not extended or replaced. Operators entering multi‑year arrangements should account for the limited duration and any transition risk.

9. Definitions import external Acts. The definition of "child" imports "compulsory school age" and "school" from the Education and Training Reform Act 2006 (reg 3). Operators must apply the external Act's definitions when classifying participants for the lower child rate; misclassification risks incorrect fee calculation.

10. Form 1 placeholders need correct arithmetic. Schedule 1 Form 1 shows "x $XX = Total" placeholders. Use the statutory $2.40 and $1.60 rates when completing returns (regs 6(2)-(3), 13(1)). Incomplete or incorrect arithmetic will generate reconciliation queries and potential administrative follow up.

Being attentive to these operational details avoids common compliance, reconciliation and administrative disputes.

This section sets out concrete, actionable steps and checks that a licence applicant or licence holder should follow to comply with the Regulations.

1. Identify licence pathway and payment timing

• Determine whether the licence will be standard or competitively allocated. If the Minister has decided to limit licence numbers for environmental, cultural or safety reasons, the competitive pathway applies (reg 10). Review the current EOI for fee and guideline terms if competing for a competitively allocated licence (reg 12(1)(a)).

• Confirm payment schedule. For a one‑year standard licence pay 20.78 fee units on grant (reg 5(2)). For multi‑year standard licences plan to pay 16.3 fee units on grant for the initial part‑year then by each 30 June or elect to pay the subsequent years in a lump sum on grant (regs 5(3)-(5)). For competitively allocated licences pay the fee fixed in the EOI either on grant and by 30 June each year or in a lump sum at the start of the licence period (reg 12(3)).

2. Convert fee units to dollar amounts for budgeting

• Use the Treasurer’s published fee‑unit value for the relevant financial year under the Monetary Units Act 2004. The Explanatory details list values for 1 July 2024 ($16.33) and 1 July 2025 ($16.81) (Endnotes, Explanatory details). Multiply the number of fee units by the fee‑unit value and round to the nearest 10 cents as required.

• Budget for the use fee cap if operating a standard licence. Track cumulative use fee payments against the cap of 1,018.74 fee units per financial year (reg 7) and calculate the equivalent dollar cap for the relevant financial year.

3. Implement accurate daily recordkeeping

• Maintain daily records of the number of participants for each organised tour or recreational activity the licence covers (reg 9(1); reg 14(1)). The records must be kept for each day the activity is conducted.

• Distinguish adult and child participants. Use the definition of "child" in reg 3 (which imports compulsory school age and school from the Education and Training Reform Act 2006) to apply the correct per‑person rates ($2.40 per adult; $1.60 per child) (regs 6(2)-(3), 13(1)).

• Retain supporting documents. Keep booking sheets, attendance lists, tickets, invoices and payment receipts to substantiate trip returns and the certification on Form 1.

4. Use the prescribed form and submit returns on time

• Complete the Schedule 1 Form 1 trip return for each reporting period and certify it as a true and correct account (regs 9(2)(b)-(c), 14(2)(b)-(c); Schedule 1). Include licence number, licence holder name, dates, location, activity, numbers of adults and children, number of days/trips and calculated totals.

• Choose a reporting frequency and comply. The Regulations permit quarterly or annual submission; ensure consistency with payment periodicity and keep copies of submitted returns.

5. Reconcile payments and claim refunds where due

• Reconcile cumulative use fees against the fee cap for standard licences and calculate refund entitlements at the end of each financial year (regs 7, 8(2)). Keep documentation of payments and reconciliations.

• If you overpaid in a year where payments exceeded the cap, submit the reconciliation and request a refund if the refund is not processed automatically.

6. Manage waiver, reduction and refund applications

• If a fee would cause undue financial hardship, would be manifestly unfair, or if a natural/unnatural event has impacted your ability to operate, prepare a written application for waiver, reduction or refund (reg 15(1)-(4)). The Regulations require applications to be in writing (reg 15(2)).

• Provide documentary support. Evidence of financial hardship, event impacts, business interruption, bookings lost, or other relevant materials will support an application under reg 15(4).

• Be aware of ineligibility triggers. If your licence has been suspended under s 140O or cancelled under s 140Q you are ineligible for relief under reg 16 (subject to the narrow pro‑rata refund exception in reg 16(3)). Seek legal advice if suspension or cancellation procedures are initiated.

7. Plan cashflow around payment options and surrender rules

• Evaluate the choice to pay licence fees or use fees annually, quarterly, or in a lump sum. Multi‑year licence holders may elect lump sum payment at grant (reg 5(5), reg 12(3)(b)), which has cashflow benefits but affects entitlement to pro‑rata refunds on surrender or cancellation.

• Document any surrender formally and seek pro‑rata refund for any non‑commenced year if fees were paid in advance (reg 17).

8. Design internal controls to mitigate audit risk

• Implement reconciliation processes that map daily records to quarterly/annual returns and to bank records for fee payments.

• Train staff to apply the "compulsory school age" test for child rates and to certify the trip return accurately.

• Keep an audit trail of communications with the Minister or authorised persons, particularly for waiver/reduction/refund applications and any decisions received.

9. Monitor legislative updates and fee‑unit announcements

• The Regulations expire on 30 June 2026 (reg 18). Monitor whether the Regulations are extended, replaced or varied before entering multi‑year business plans.

• Watch the Treasurer's fee‑unit value publication each June and any amendments to the Regulations (Endnotes, Explanatory details). Use the Victorian legislation website for up‑to‑date versions (Endnotes 1).

10. Consider procedural rights and administrative review

• When making waiver or refund applications, request written reasons for any adverse decisions to preserve grounds for merits or judicial review under the Land Act administrative framework. The Regulations list decision factors in reg 15(4), which should be addressed in any decision.

By implementing these steps, operators can operationalise the per‑person charge model, keep accurate records, manage cashflow around fee‑unit valuations and negotiate the discretionary relief framework set out in the Regulations.