Parks Victoria Act 2018

This Act repeals the Parks Victoria Act 1998 and re-establishes Parks Victoria as a statutory body corporate with revised objects, functions, powers, governance, planning and transitional rules (ss 1, 5, 53, 54). Mechanically it:

Establishes Parks Victoria as a body corporate that represents the Crown, with a common seal and the capacity to sue and be sued, to hold real and personal property and to accept grants and donations (ss 5(1)-(2), 6). The Act expressly disapplies s 9 of the Financial Management Act 1994 to donations accepted by Parks Victoria (s 5(5)).
Sets out the objects (s 7) and the core functions of control and management of Parks Victoria managed land, enforcement, inter‑agency cooperation, advice to the Minister/Secretary, provision of emergency services and other services, and acting as agent of the Secretary (s 8).
Provides general “power to do all things necessary or convenient” for achieving objects and performing functions (s 9).
Imposes special statutory constraints and duties when Parks Victoria acts in relation to particular statutory regimes: it must not act inconsistently with parts of a Yarra Strategic Plan expressed to bind Parks Victoria and must have regard to Yarra protection principles and related plans where applicable (s 10); it must not act inconsistently with parts of an approved Great Ocean Road strategic framework plan expressed to bind Parks Victoria and must have regard to Great Ocean Road protection principles (s 10A).
Enables Parks Victoria to enter into agreements for fire and emergency services with the Secretary and other bodies, but requires written Ministerial approval before entering agreements with persons or bodies other than the Secretary for such services (s 11(1)-(6)). It separately allows Parks Victoria to provide other services, subject to a public interest test and written Ministerial approval (s 12).

Version No. 007

Parks Victoria Act 2018

No. 19 of 2018

Version incorporating amendments as at
22 October 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Transport Integration Act 2010 5

Part 2—Establishment of and general provisions about Parks Victoria 6

Division 1—Establishment, functions and powers of Parks Victoria 6

5 Establishment of Parks Victoria 6

6 Parks Victoria represents the Crown 7

7 Objects of Parks Victoria 7

8 Functions of Parks Victoria 8

9 Power of Parks Victoria 10

10 Functions, powers and duties in relation to Yarra River land 10

10A Obligations of Parks Victoria in relation to the Great Ocean Road region 11

11 Fire and other emergencies 11

12 Other services 13

13 Delegation 14

Division 2—Ministerial direction 15

14 Minister may give directions to Parks Victoria 15

15 Publication of directions 15

Division 3—Membership and decision making 16

16 Constitution and membership of Parks Victoria 16

17 Chairperson and deputy Chairperson 16

18 Terms and conditions of appointment 16

19 Vacancies 17

20 Resignations 17

21 Removals 18

22 Validity of decisions of Parks Victoria 18

23 Proceedings of Parks Victoria 19

24 Resolutions without meetings 20

Division 4—Committees 21

25 Committees of Parks Victoria 21

26 Advisory committees 21

Division 5—Chief executive officer and staff 22

27 Chief executive officer 22

28 Staff 22

Part 3—Obligations and planning responsibilities 23

Division 1—Corporate planning 23

29 Preparation of corporate planning documents by Parks Victoria 23

30 Parks Victoria to notify Minister of significant affecting events etc. 24

Division 2—Statements of obligations 24

31 Statement of obligations 24

32 Amendment, variation or revocation of a statement of obligations 25

33 Process for making a statement of obligations or amendment or variation 25

34 Issuing a statement of obligations or amendment, variation or revocation 26

35 Publication of statement of obligations or amendment, variation or revocation 26

36 Taking effect of statement of obligations 27

37 Compliance with statement of obligations 27

Division 3—Land management strategy 27

38 Preparation of land management strategy 27

39 Preparation of amendment of the strategy 28

40 Process for preparing the strategy or an amendment 28

41 Approving the strategy or an amendment 29

42 Publication and notice of the strategy or amendment 30

43 Taking effect of the strategy or amendment 30

44 Review of the strategy 30

45 Revoking the strategy 32

Division 4—Land management plans 32

46 Land management plans 32

47 Amendment or revocation of land management plans 34

48 Process for making a land management plan or amendment 34

49 Publication and notice of land management plan or amendment or revocation 35

50 Taking effect of land management plan 35

51 Review of land management plans 36

Part 4—Transitional provisions 37

52 Definitions 37

53 Repeal of Parks Victoria Act 1998 37

54 Abolition of old body and provisions relating to transition to new body 37

55 Transfer of staff from old body to new body 39

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Endnotes 43

1 General information 43

2 Table of Amendments 45

3 Explanatory details 46

Version No. 007

Parks Victoria Act 2018

No. 19 of 2018

Version incorporating amendments as at
22 October 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The purpose of this Act is—

(a) to repeal and re-enact with amendments the Parks Victoria Act 1998, further providing for the establishment of Parks Victoria; and

(b) to make consequential and related amendments to certain other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 November 2018, it comes into operation on that day.

3 Definitions

In this Act—

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3 def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 102.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

corporate planning document means any of the following—

(a) a statement of corporate intent;

(b) a corporate plan;

S. 3 def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 102.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3 def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 102.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3 def. of Great Ocean Road region inserted by No. 19/2020 s. 102.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3 def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 102.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

land management plan means a land management plan, notice of the making of which is published under section 49, and includes such a plan as amended or varied by an amendment or variation, notice of the making of which is published under section 49;

land management strategy means the land management strategy, notice of the approval of which is published under section 42, and includes the strategy as amended or varied by an amendment or variation, notice of the approval of which is published under section 42;

native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

Parks Victoria means the body established under section 5(1);

Parks Victoria land record means the land record for Parks Victoria kept under Part 7A of the Conservation, Forests and Lands Act 1987;

S. 3 def. of Parks Victoria managed land amended by No. 42/2021 s. 150.

Parks Victoria managed land means—

(a) any land in the Parks Victoria land record; and

(b) any land managed under the National Parks Act 1975 (including any land managed under section 19A, 19C, 19D, 19E or 32AA of that Act) other than land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 or section 16C(1) of the National Parks Act 1975;

Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;

specified aboriginal party, in relation to an area of land, means any of the following—

(a) if there are native title holders for the whole or part of the area of land, the native title holders;

(b) if a traditional owner group entity has entered into a recognition and settlement agreement under the Traditional Owner Settlement Act 2010 for the whole or part of the area of land, that traditional owner group entity;

(c) if there is a registered Aboriginal party, within the meaning of the Aboriginal Heritage Act 2006, for the whole or part of the area of land, that registered Aboriginal party;

statement of obligations means a statement of obligations published under section 35 and includes such a statement as amended or varied by an amendment or variation that is published under section 35;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

4 Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

Part 2—Establishment of and general provisions about Parks Victoria

Division 1—Establishment, functions and powers of Parks Victoria

5 Establishment of Parks Victoria

(1) There is established a body called Parks Victoria.

(2) Parks Victoria—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(d) may acquire, hold and dispose of personal property; and

(e) may—

(i) acquire, hold and dispose of real property for the purposes of the administration of Parks Victoria; and

(ii) take land on lease and grant subleases of leased land for any purpose; and

(f) may accept grants or donations of money or other personal property (whether by deed, will or otherwise) for a purpose related to the functions of Parks Victoria; and

(g) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

(3) The common seal of Parks Victoria must be kept as directed by Parks Victoria.

(4) All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.

(5) Section 9 of the Financial Management Act 1994 does not apply to any grant or donation accepted by Parks Victoria under subsection (2)(f).

6 Parks Victoria represents the Crown

Parks Victoria represents the Crown.

7 Objects of Parks Victoria

(1) The objects of Parks Victoria are to—

(a) protect, conserve and enhance Parks Victoria managed land, including its natural and cultural values, for the benefit of the environment and current and future generations; and

(b) recognise and support traditional owner knowledge of and interests in Parks Victoria managed land; and

(d) improve the community's knowledge and appreciation of Parks Victoria managed land; and

(e) contribute to the wellbeing of the community through the effective protection and management of Parks Victoria managed land; and

(f) contribute to the achievement of State and regional land management outcomes as far as is consistent with the effective protection and management of Parks Victoria managed land.

(2) Parks Victoria must have regard to its objects in performing its functions, exercising its powers and carrying out its duties.

8 Functions of Parks Victoria

(1) Parks Victoria has the following functions—

(a) to control and manage Parks Victoria managed land, in a manner that protects, conserves and enhances the land and in a manner which provides for the land to be appropriately used, enjoyed and appreciated, including doing all or any of the following—

(i) developing management and other plans and strategies for Parks Victoria managed land in consultation with the community;

(ii) supporting the involvement of a specified aboriginal party for an area of land that is Parks Victoria managed land in the management of the land;

(iii) undertaking works, improvements and other activities on Parks Victoria managed land;

(iv) providing opportunities for the community to enjoy and appreciate Parks Victoria managed land and providing facilities, information and services to support that enjoyment and appreciation;

(v) monitoring and evaluating the condition and use of Parks Victoria managed land;

(vi) conducting, co-ordinating and encouraging research activities relating to Parks Victoria managed land;

(b) to enforce and ensure compliance with laws applying to Parks Victoria managed land;

(c) to confer with and co-operate with the Secretary or any other land manager or body on the management of Parks Victoria managed land or land managed by the Secretary or another land manager;

(d) to provide services for the prevention, suppression of or recovery from fire or any other emergency under any agreement or arrangement under section 11;

(e) to provide services under any agreement or arrangement under section 12;

(f) to provide advice to the Minister and the Secretary on matters relevant to its functions;

(g) to promote good relations between Parks Victoria and the community;

(h) to inform and educate the community about the benefits of and the threats to Parks Victoria managed land;

S. 8(1)(i) amended by No. 40/2020 s. 113.

(i) to act as an agent of the Secretary in the carrying out of the Secretary's functions, powers and duties in relation to the management of land;

(j) to carry out any other function conferred on it by or under this or any other Act.

Note

Other functions of Parks Victoria may include—

(a) acting as a committee of management under the Crown Land (Reserves) Act 1978 or the Forests Act 1958, when appointed as such a committee; and

(b) acting as a waterway manager under the Marine Safety Act 2010, when declared as such a manager; and

(2) Parks Victoria must exercise its functions under subsection (1) in relation to any area of land consistently with the enactments applying to the management of the land.

9 Power of Parks Victoria

Parks Victoria has the power to do all things that are necessary or convenient to be done for or in connection with the achievement of its objects and the performance of its functions.

10 Functions, powers and duties in relation to Yarra River land

(1) Parks Victoria, in performing a function or duty or exercising a power under this Act or any other enactment—

(a) in relation to Yarra River land, must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on Parks Victoria; and

(b) in relation to the Yarra Strategic Plan area that may affect Yarra River land, must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on Parks Victoria.

S. 10(2) substituted by No. 43/2021 s. 219(Sch. 1 item 9).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Parks Victoria in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 10A inserted by No. 19/2020 s. 103.

10A Obligations of Parks Victoria in relation to the Great Ocean Road region

(1) Parks Victoria, when performing a function or duty or exercising a power under this Act or any other Act—

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on Parks Victoria in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on Parks Victoria in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Parks Victoria in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

11 Fire and other emergencies

(1) Parks Victoria may enter into an agreement or arrangement with the Secretary for the carrying out of services in relation to the prevention or suppression of or recovery from fire or another emergency on land in respect of which—

(a) the Secretary has the responsibility for carrying out those services; or

(b) the Secretary has an agreement or arrangement to carry out or to assist in carrying out those services.

(2) An agreement or arrangement may be entered into with the Secretary under subsection (1) whether the services to be provided are in—

(a) Victoria; or

(b) another State or a Territory of the Commonwealth; or

(3) Parks Victoria may enter into an agreement or arrangement with a person or body (other than the Secretary) for the carrying out of services in relation to the prevention or suppression of or recovery from fire or another emergency on land in respect of which—

(a) that person or body has the responsibility for carrying out those services; or

(b) that person or body has an agreement or arrangement to carry out or to assist in carrying out those services.

(4) An agreement or arrangement may be entered into with a person or body under subsection (3) whether the services to be provided are in—

(a) Victoria; or

(b) another State or a Territory of the Commonwealth; or

(5) Parks Victoria must not enter into an agreement or arrangement under subsection (3) unless Parks Victoria has first obtained the approval of the Minister in writing.

(6) An agreement or arrangement under this section may provide for the use of employees of Parks Victoria for the carrying out of the services provided under the agreement.

S. 11(7) amended by No. 41/2025 s. 4(Sch. 2 item 20).

(7) In this section a reference to Secretary includes a reference to the occupant of the position of Department Head under the Public Administration Act 2004 of the Department of Energy, Environment and Climate Action.

12 Other services

(1) Parks Victoria may enter into an agreement or arrangement to provide services, of a kind related to its functions, powers or duties, with any person or body whether the services are to be provided in—

(a) Victoria; or

(b) another State or a Territory of the Commonwealth; or

(2) Parks Victoria must not enter into an agreement or arrangement under subsection (1) unless—

(a) the agreement or arrangement is in the public interest; and

(b) Parks Victoria has first obtained the approval of the Minister in writing.

(3) An agreement or arrangement under subsection (1) may provide for the use of employees of Parks Victoria for the carrying out of services under the agreement or arrangement.

13 Delegation

(1) Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of Parks Victoria under this Act or any other enactment (other than this power of delegation)—

(a) a member of Parks Victoria;

(b) a committee established under section 25;

(d) the Secretary;

(e) a person or a class of person employed under the Public Administration Act 2004 in the administration of this Act or the other enactment.

(2) Subsection (1) does not apply to a function, power or duty that Parks Victoria has as a committee of management appointed under—

(a) section 14 of the Crown Land (Reserves) Act 1978; or

(b) section 50(3) of the Forests Act 1958.

(3) Parks Victoria, by instrument, may delegate to a person contracted by Parks Victoria any of the following powers that are specified in the instrument of delegation—

(a) the power to grant a permit under section 21(1)(a) of the National Parks Act 1975;

(b) the power to issue a permit for an event under regulations made under section 82 or 99 or Part 9A of the Conservation, Forests and Lands Act 1987, section 13 of the Crown Land (Reserves) Act 1978, section 50 of the Forests Act 1958, section 48 of the National Parks Act 1975 or section 87 of the Wildlife Act 1975.

Division 2—Ministerial direction

14 Minister may give directions to Parks Victoria

(1) The Minister may—

(a) give directions to Parks Victoria in relation to the performance of its functions or the exercise of its powers; and

(b) give directions to Parks Victoria in relation to the performance of its functions or the exercise of its powers as a committee of management appointed under—

(i) section 14 of the Crown Land (Reserves) Act 1978; or

(ii) section 50(3) of the Forests Act 1958; and

(c) give directions to Parks Victoria, in relation to the management of land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987, as to the management of the land by Parks Victoria on behalf of the Secretary.

(2) At least 14 days before giving a direction to Parks Victoria, the Minister must give to Parks Victoria a notice of the proposal to give the direction that sets out the proposed substance of the direction.

(3) Parks Victoria must comply with any direction given in accordance with this section.

15 Publication of directions

Parks Victoria must—

(a) publish any direction given by the Minister under section 14 on the Internet site of Parks Victoria; and

(b) include a summary of the contents of any direction given by the Minister under section 14 in its annual report under section 45 of the Financial Management Act 1994.

Division 3—Membership and decision making

16 Constitution and membership of Parks Victoria

(1) Parks Victoria must consist of not less than 5 and not more than 9 members appointed by the Governor in Council.

(2) The members of Parks Victoria must consist of—

(a) collectively, persons who have skills, knowledge or experience relevant to the objects and functions of Parks Victoria; and

(b) at least one person who has skills and experience in conservation; and

17 Chairperson and deputy Chairperson

The Chairperson and deputy Chairperson of Parks Victoria must be appointed from among the members of Parks Victoria by the Governor in Council.

18 Terms and conditions of appointment

A member of Parks Victoria—

(a) holds office for the period, not exceeding 4 years, specified in the member's instrument of appointment; and

(b) may be reappointed for a further term or terms; and

(c) holds office on the terms and conditions specified in the member's instrument of appointment, including any terms and conditions as to any remuneration or allowances.

19 Vacancies

(1) The office of a member of Parks Victoria becomes vacant if the member—

(a) becomes an insolvent under administration; or

(b) is convicted or found guilty of—

(i) an indictable offence; or

(ii) an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed from office; or

(e) retires or resigns.

(2) If the office of a member becomes vacant before the end of the term of office, the Governor in Council may appoint a person in accordance with this Division to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.

(3) If the office of a member becomes vacant within 6 months before the end of the term of the office, the office may be left vacant for the remainder of the term.

20 Resignations

(1) A member may resign the member's office in writing signed by the member and delivered to the Governor in Council.

(2) If the Chairperson or deputy Chairperson resigns that position, the Chairperson or deputy Chairperson may remain in the position of a member of Parks Victoria.

21 Removals

The Governor in Council may remove a member from office—

(a) if the member becomes incapable of performing the member's duties; or

(b) if the member is negligent in the performance of those duties; or

(d) if the member fails to declare a pecuniary or other interest as required under processes put in place by Parks Victoria under section 81(1)(f) of the Public Administration Act 2004; or

(e) if the member is convicted or found guilty of—

(i) an offence against this Act; or

(ii) an offence against a relevant law; or

(iii) an offence against a corresponding law of another State or a Territory of the Commonwealth; or

(f) if the Minister considers that the person is no longer suitable to hold office as a member.

22 Validity of decisions of Parks Victoria

(1) An act or a decision of Parks Victoria is not invalid merely because of—

(a) a defect or irregularity in, or in connection with, the appointment of a member; or

(b) a vacancy in the membership of Parks Victoria, including a vacancy arising from the failure to appoint a member.

(2) Anything done by or in relation to a person purporting to act as Chairperson, as deputy Chairperson or as a member is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in relation to the appointment; or

(d) the occasion for the person to act had not arisen or had ceased.

23 Proceedings of Parks Victoria

(1) Subject to subsection (2), meetings of Parks Victoria are to be held at the times and places that Parks Victoria determines.

(2) The Chairperson may at any time convene a meeting, but must do so when requested by a member.

(3) The Chairperson or, in the Chairperson's absence, the deputy Chairperson, or, in the absence of both, a member appointed by the members present at the meeting, must preside at the meeting.

(4) A majority of the members for the time being constitutes a quorum of Parks Victoria.

(5) Subject to section 24, a question arising at a meeting must be determined by a majority of votes of members present and voting on that question and, if the vote is equal, the person presiding has a casting vote as well as a deliberative vote.

(6) Parks Victoria must ensure that minutes are kept of each of its meetings.

(7) Subject to this section, Parks Victoria may regulate its own proceedings.

24 Resolutions without meetings

(1) Parks Victoria may—

(a) determine that it may make a resolution without a meeting; and

(b) determine a method by which members are to indicate agreement with any proposed resolution.

(2) Parks Victoria is taken to have made a resolution at a meeting if—

(a) without meeting, a majority of the members of Parks Victoria indicate agreement with the proposed resolution; and

(b) that agreement is indicated in accordance with the method determined by Parks Victoria under subsection (1); and

(c) all the members were informed of the proposed resolution, or reasonable efforts were made to inform the members of the proposed resolution.

(3) For the purpose of subsection (2)(a), a member is not entitled to vote on a proposed resolution if the member would not have been entitled to vote on that resolution if the matter had been considered at a meeting of Parks Victoria.

(4) Parks Victoria must keep a record of the resolutions made in accordance with this section.

Division 4—Committees

25 Committees of Parks Victoria

(1) Parks Victoria, by resolution, may establish one or more committees consisting of members of Parks Victoria for any purpose that Parks Victoria thinks fit.

(2) Parks Victoria may determine the membership and any process or procedure of a committee established under subsection (1).

26 Advisory committees

(1) Parks Victoria may establish and appoint members to advisory committees to give advice and information to Parks Victoria with respect to—

(a) any Parks Victoria managed land; or

(b) any land—

(i) managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by Parks Victoria; or

(ii) that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 managed by Parks Victoria on behalf of the Secretary; or

(2) Subject to this Act, a member of an advisory committee—

(a) holds office for the period, not exceeding 3 years, specified in the member's instrument of appointment; and

(b) may be reappointed for a further term or terms; and

(c) holds office on the terms and conditions specified in the member's instrument of appointment, including any terms and conditions as to any remuneration or allowances.

Division 5—Chief executive officer and staff

27 Chief executive officer

(1) Parks Victoria may employ a person as the chief executive officer of Parks Victoria.

(2) The chief executive officer holds office, subject to this Act, on the terms and conditions that are determined by Parks Victoria and specified in the chief executive officer's contract of employment.

(3) The chief executive officer is not eligible to be appointed as a member of Parks Victoria.

28 Staff

(1) Parks Victoria may employ the persons that are necessary for the performance of its functions and the exercise of its powers and duties.

(2) The duties of employees of Parks Victoria include any duties in connection with the prevention or suppression of or recovery from fire and other emergencies as are determined by the Secretary in consultation with Parks Victoria.

Part 3—Obligations and planning responsibilities

Division 1—Corporate planning

29 Preparation of corporate planning documents by Parks Victoria

(1) The Minister, in writing, may request Parks Victoria to prepare a corporate planning document to provide to the Minister.

(2) If the Minister has requested Parks Victoria to prepare a corporate planning document, Parks Victoria must prepare the corporate planning document.

(3) A request under subsection (1) must—

(a) specify the date by which the corporate planning document must be provided to the Minister; and

(b) specify the information to be included in the corporate planning document and the form in which the information must be provided.

(4) A corporate planning document prepared by Parks Victoria under this section may be amended at any time by Parks Victoria with the approval of the Minister.

(5) The Minister, in writing, may direct Parks Victoria to amend a corporate planning document prepared by Parks Victoria under this section at any time by including or omitting any specified information.

(6) Parks Victoria must comply with a direction under subsection (5).

30 Parks Victoria to notify Minister of significant affecting events etc.

(1) Parks Victoria must immediately notify the Minister if Parks Victoria is of the opinion that matters have arisen that may prevent or significantly affect the achievement of—

(a) the objects of Parks Victoria; or

(b) financial targets, if any, under a corporate planning document.

(2) In a notification under subsection (1), Parks Victoria must set out the reasons for the opinion.

Division 2—Statements of obligations

31 Statement of obligations

(1) The Minister may make a statement of obligations that sets out the obligations that Parks Victoria has in performing its functions and exercising its powers in relation to—

(a) Parks Victoria managed land; and

(b) land managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by Parks Victoria; and

(c) land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 that is managed by Parks Victoria on behalf of the Secretary.

(2) Without limiting the generality of subsection (1), a statement of obligations may include provisions for or with respect to the following—

(a) governance;

(b) guiding principles;

(d) matters to be addressed in the land management strategy;

(e) management priorities for any land which Parks Victoria manages;

(f) the implementation of government policies and strategies;

(g) innovation and knowledge sharing;

(h) compliance and enforcement;

(i) collaboration or consultation with other government bodies, traditional owners, non‑government bodies and the community.

32 Amendment, variation or revocation of a statement of obligations

The Minister may amend, vary or revoke a statement of obligations.

33 Process for making a statement of obligations or amendment or variation

(1) Before making, amending or varying a statement of obligations, the Minister must—

(a) give Parks Victoria notice of the proposal to make, amend or vary a statement of obligations that sets out the substance of the proposed statement, amendment or variation; and

(b) give Parks Victoria at least 28 days in which to make written submissions to the Minister on the proposal; and

(2) Subsection (1) does not apply to any amendment or variation of a statement of obligations that is of a machinery, declaratory or minor technical nature.

S. 33(3) inserted by No. 40/2020 s. 114.

(3) If Parks Victoria advises the Minister that a submission made under subsection (1)(b) will be the only submission made in respect of the proposal, the Minister may make, amend or vary the statement of obligations before the expiry of the 28–day period or any longer period under that subsection.

34 Issuing a statement of obligations or amendment, variation or revocation

(1) As soon as possible after making a statement under section 31, the Minister must issue the statement to Parks Victoria.

(2) As soon as possible after amending or varying a statement of obligations under section 32, the Minister must issue the statement of obligations as amended or varied to Parks Victoria.

(3) As soon as possible after revoking a statement of obligations under section 32, the Minister must issue the notice of revocation of the statement of obligations to Parks Victoria.

35 Publication of statement of obligations or amendment, variation or revocation

(1) Within 14 days after a relevant document is issued to Parks Victoria—

(a) the Minister must publish the relevant document in the Government Gazette; and

(b) Parks Victoria must publish the relevant document on the Internet site of Parks Victoria.

(2) In this section—

relevant document means—

(a) a statement made under section 31 as issued under section 34(1); or

(b) a statement of obligations as amended or varied under section 32 as issued under section 34(2); or

36 Taking effect of statement of obligations

A statement of obligations, or the amendment, variation or revocation of a statement of obligations, has effect when it is published in the Government Gazette.

37 Compliance with statement of obligations

(1) Parks Victoria must comply with a statement of obligations.

(2) Parks Victoria must include a statement in its annual report under section 45 of the Financial Management Act 1994 setting out how it has met its obligations under any statement of obligations.

Division 3—Land management strategy

38 Preparation of land management strategy

(1) Parks Victoria must prepare a strategy that sets out the general long-term directions, strategies and priorities for the protection, management and use of—

(a) Parks Victoria managed land; and

(b) land managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by Parks Victoria; and

(c) land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 that is managed by Parks Victoria on behalf of the Secretary.

(2) A strategy prepared under subsection (1) must—

(a) be consistent with—

(i) legislation under which the land is managed and any other legislation applying to the land; and

(ii) government policies applying to the land; and

(b) address any matters specified by the Minister—

(i) in a direction given under section 14; or

(ii) in a statement of obligations.

(3) Parks Victoria must prepare the first strategy after the commencement of this Act within 2 years after that commencement.

39 Preparation of amendment of the strategy

Parks Victoria may prepare an amendment of the land management strategy at any time, including by making amendments arising from any review of the strategy under section 44.

40 Process for preparing the strategy or an amendment

(1) Before a strategy is prepared under section 38 or an amendment of the land management strategy is prepared under section 39, Parks Victoria must—

(a) consult with—

(i) any Department or public authority whose interests may be affected by the strategy or amendment; and

(ii) any specified aboriginal party for any area affected by the strategy or amendment; and

(b) make a draft of the strategy or amendment available for inspection by the public for at least 28 days before it is prepared; and

(c) publish a notice in a newspaper circulating generally in the State setting out where and when the draft can be inspected and inviting public comment by the date specified in the notice; and

(d) publish the draft on the Internet site of Parks Victoria; and

(e) have regard to any submissions made to Parks Victoria on the proposal by the date specified in the notice.

(2) Subsection (1) does not apply to any amendment of the land management strategy that is of a machinery, declaratory or minor technical nature.

41 Approving the strategy or an amendment

(1) After a strategy is prepared under section 38 or an amendment of the land management strategy is prepared under section 39, Parks Victoria must submit the strategy or amendment to the Minister.

(2) After receiving a strategy or amendment under subsection (1), the Minister may—

(a) approve the strategy or amendment; or

(b) direct Parks Victoria to alter the strategy or amendment and resubmit the strategy or amendment to the Minister.

(3) The Minister must make a decision under subsection (2) within 60 days of receiving the strategy or amendment.

(4) Parks Victoria must comply with a direction of the Minister under subsection (2) within 60 days of receiving the direction, or any longer period specified by the Minister.

42 Publication and notice of the strategy or amendment

(1) As soon as possible after the Minister approves the strategy under section 41, Parks Victoria must publish—

(a) the strategy on the Internet site of Parks Victoria; and

(b) notice of the Minister's approval in the Government Gazette.

(2) As soon as possible after the Minister approves an amendment of the land management strategy under section 41, Parks Victoria must publish—

(a) the land management strategy as so amended on the Internet site of Parks Victoria; and

(b) notice of the Minister's approval in the Government Gazette.

43 Taking effect of the strategy or amendment

The land management strategy, or an amendment of the land management strategy, has effect when notice of its approval is published in the Government Gazette.

44 Review of the strategy

(1) Parks Victoria must review the land management strategy—

(a) at least every 10 years after the first strategy has effect; and

(b) as soon as possible after the making of or any amendment or variation of the statement of obligations; and

(2) A review under subsection (1)(a) must commence no later than the end of the 10 year period.

(3) In conducting a review of the strategy, Parks Victoria must—

(a) consult with—

(i) any Department or public authority whose interests may be affected by the strategy; and

(ii) any specified aboriginal party for any area affected by the strategy; and

(iii) the public; and

(b) consider the results of any consultation under paragraph (a).

(4) After conducting a review of the strategy, Parks Victoria may propose to the Minister—

(a) that Parks Victoria should prepare an amendment to the strategy or revoke and prepare a new strategy; or

(b) that no amendment is required to the strategy (other than any amendments of a minor technical nature).

(5) After receiving a proposal from Parks Victoria under subsection (4), the Minister may—

(a) approve the proposal; or

(b) not approve the proposal and direct—

(i) Parks Victoria to prepare an amendment to the strategy or revoke and prepare a new strategy; or

(ii) that no amendment is required to the strategy (other than any amendments of a minor technical nature).

(6) If the Minister requires Parks Victoria to prepare a land management strategy or an amendment to the land management strategy under subsection (5), the provisions of this Division apply to the preparation of the strategy or amendment.

45 Revoking the strategy

Parks Victoria may revoke the land management strategy if—

(a) Parks Victoria has proposed that the strategy be revoked under section 44(4)(a) and the Minister has approved the proposal under section 44(5)(a); or

(b) the Minister has directed that the strategy be revoked under section 44(5)(b)(i).

Division 4—Land management plans

46 Land management plans

(1) Parks Victoria may make a plan setting out the way in which Parks Victoria will manage any area of—

(a) Parks Victoria managed land; or

(b) land managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by Parks Victoria; or

(c) land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 that is managed by Parks Victoria on behalf of the Secretary.

(2) A plan made under subsection (1) must be consistent with—

(a) legislation under which the land is managed and any other legislation applying to the land; and

(b) government policies applying to the land.

(3) In making a plan under subsection (1), Parks Victoria must have regard to the land management strategy.

(4) Parks Victoria must have regard to a Yarra Strategic Plan if making a plan under subsection (1) in relation to land that forms part of Yarra River land.

S. 46(4A) inserted by No. 19/2020 s. 104.

(4A) In making a plan under subsection (1) in relation to land that forms part of the Great Ocean Road region, Parks Victoria must have regard to an approved Great Ocean Road strategic framework plan as it applies to that land.

(5) For any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of land for which a management plan has been made under subsection (1), the management plan under subsection (1) does not have effect to the extent that a joint management plan is in effect for that land.

(6) This section does not derogate from any requirement in any other Act for the manager of land under that Act to prepare a land management plan (however described) for that land.

47 Amendment or revocation of land management plans

Parks Victoria may amend or revoke any land management plan for an area of land at any time including by making amendments arising from any review of the plan under section 51.

48 Process for making a land management plan or amendment

(1) Before Parks Victoria makes a land management plan or an amendment of a land management plan, Parks Victoria must—

(a) consult with—

(i) any Department or public authority whose interests may be affected by the plan or amendment; and

(ii) any relevant specified aboriginal party; and

(b) make a draft of the plan or amendment available for inspection by the public for at least 28 days before making the plan; and

(c) publish a notice in a newspaper circulating generally in the State and in a newspaper circulating generally in the area in which the land is situated, setting out where and when the draft can be inspected and inviting public comment by the date specified in the notice; and

(d) publish the draft on the Internet site of Parks Victoria; and

(e) must have regard to any submissions made to Parks Victoria on the proposal by the date specified in the notice.

(2) Subsection (1) does not apply to any amendment of the land management plan
that is of a machinery, declaratory or minor technical nature.

49 Publication and notice of land management plan or amendment or revocation

(1) As soon as possible after Parks Victoria makes a land management plan under this Division, Parks Victoria must publish—

(a) the plan on the Internet site of Parks Victoria; and

(b) notice of the making of the plan in the Government Gazette.

(2) As soon as possible after Parks Victoria makes an amendment of a land management plan under this Division, Parks Victoria must publish—

(a) the land management plan as so amended on the Internet site of Parks Victoria; and

(b) notice of the making of the amendment in the Government Gazette.

(3) As soon as possible after revoking a land management plan under this Division, Parks Victoria must publish notice of the making of the revocation—

(a) on the Internet site of Parks Victoria; and

(b) in the Government Gazette.

50 Taking effect of land management plan

A land management plan or the amendment or revocation of a land management plan has effect when notice of its making is published in the Government Gazette.

51 Review of land management plans

(1) Parks Victoria must review each land management plan for an area of land for each period of 15 years after the first plan for the area has effect.

(2) A review under subsection (1) must commence no later than the end of the 15 year period.

(3) In conducting a review under subsection (1), Parks Victoria must—

(a) consult with—

(i) any Department or public authority whose interests may be affected by the plan; and

(ii) any specified aboriginal party for any area affected by the plan; and

(iii) the public; and

(b) consider the results of any consultation under paragraph (a).

(4) On completing a review of the land management plan, Parks Victoria may—

(a) revoke the plan and make a new land management plan under this Division for the area; or

(b) amend the plan under this Division; or

Part 4—Transitional provisions

52 Definitions

In this Part—

commencement day means the day on which this Act comes into operation;

new body means Parks Victoria within the meaning of this Act;

old Act means the Parks Victoria Act 1998;

old body means Parks Victoria within the meaning of the old Act.

53 Repeal of Parks Victoria Act 1998

The Parks Victoria Act 1998 is repealed.

54 Abolition of old body and provisions relating to transition to new body

(1) Except as otherwise provided in this Act, on the commencement day—

(a) the old body is abolished; and

(b) all rights, property and assets that, immediately before the commencement day, were vested in the old body vest in the new body; and

(c) all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the new body; and

(d) the new body is substituted as a party to any proceedings pending in any court or tribunal to which the old body was a party immediately before the commencement day; and

(e) the new body is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and

(f) the new body is substituted for the old body—

(i) as a declared waterway manager for any State waters for which the old body was the declared waterway manager under section 6 of the Marine Safety Act 2010 immediately before the commencement day; and

(ii) as the port manager of any local port for which the old body was the appointed port manager under section 44A of the Port Management Act 1995 immediately before the commencement day.

(2) Except as otherwise provided in this Act, any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period on or after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new body.

(3) On the commencement day, each member of the old body—

(a) is taken to be a member of the new body, as if the member had been appointed under this Act; and

(b) is taken to be appointed—

(i) for the period that would have been the remaining period of that member's term of appointment under the old Act; and

(ii) on the same terms and conditions that the member had as a member of the old body immediately before the commencement day.

(4) On the commencement day, the chief executive officer of the old body—

(a) is taken to be the chief executive officer of the new body, as if the chief executive officer had been appointed under this Act; and

(b) is taken to be appointed—

(i) for the period that would have been the remaining period of the chief executive officer's term of appointment under the old Act; and

(ii) on the same terms and conditions that the chief executive officer had as chief executive officer of the old body immediately before the commencement day.

55 Transfer of staff from old body to new body

(1) On the commencement day, a person who was an employee of the old body immediately before the commencement day is taken to be an employee of the new body.

(2) A transferred employee is taken to—

(a) be employed in the same position in the new body as the position that the transferred employee occupied in the old body, with effect on and from the commencement day; and

(b) be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old body immediately before the commencement day; and

(c) have accrued an entitlement to benefits in connection with the employment with the new body that is equivalent to the entitlement that the transferred employee had accrued, as an employee
of the old body, immediately before the commencement day.

(3) The service of a transferred employee with the new body is taken to be continuous with that service of the transferred employee as an employee of the old body that ceased immediately before the commencement day.

(4) A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old body because of the operation of this Part.

(5) The chief executive officer of the new body may give a certificate certifying that, by the operation of this section, the person named in the certificate was taken to be employed with the new body with effect on and from the commencement day.

(6) A certificate purporting to be signed by the chief executive officer to the effect set out in subsection (5) is admissible in evidence in any proceeding and is proof of the matters stated in it.

(7) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.

(8) If a transferred employee was, immediately before the commencement day, an officer within the meaning of the State Superannuation Act 1988, the transferred employee continues to be such an officer.

(9) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect on or after the commencement day; or

(b) a transferred employee from resigning or being dismissed on or after the commencement day in accordance with the existing terms and conditions of the transferred employee's employment with the new body.

(10) In this section—

transferred employee means an employee of the old body who is taken to be an employee of the new body by subsection (1).

Pts 5–13 (Headings and
ss 56–253) repealed by No. 19/2018 s. 253.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 February 2018

Legislative Council: 1 May 2018

The long title for the Bill for this Act was "A Bill for an Act to repeal and re‑enact with amendments the Parks Victoria Act 1998 and to make consequential and related amendments to certain other Acts and for other purposes."

The Parks Victoria Act 2018 was assented to on 5 June 2018 and came into operation on 12 September 2018: Special Gazette (No. 386) 21 August 2018 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Parks Victoria Act 2018 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	S. 253 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Note:	S. 253 repealed Pts 5–13 (ss 56–253) on 1.11.19
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 102−104 on 1.12.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	Ss 113, 114 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	S. 150 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 9) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 20) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Parks Victoria Act 2018

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Parks Victoria Act 2018

Version No. 007

Parks Victoria Act 2018

No. 19 of 2018

Version incorporating amendments as at
22 October 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Transport Integration Act 2010 5

Part 2—Establishment of and general provisions about Parks Victoria 6

Division 1—Establishment, functions and powers of Parks Victoria 6

5 Establishment of Parks Victoria 6

6 Parks Victoria represents the Crown 7

7 Objects of Parks Victoria 7

8 Functions of Parks Victoria 8

9 Power of Parks Victoria 10

10 Functions, powers and duties in relation to Yarra River land 10

10A Obligations of Parks Victoria in relation to the Great Ocean Road region 11

11 Fire and other emergencies 11

12 Other services 13

13 Delegation 14

Division 2—Ministerial direction 15

14 Minister may give directions to Parks Victoria 15

15 Publication of directions 15

Division 3—Membership and decision making 16

16 Constitution and membership of Parks Victoria 16

17 Chairperson and deputy Chairperson 16

18 Terms and conditions of appointment 16

19 Vacancies 17

20 Resignations 17

21 Removals 18

22 Validity of decisions of Parks Victoria 18

23 Proceedings of Parks Victoria 19

24 Resolutions without meetings 20

Division 4—Committees 21

25 Committees of Parks Victoria 21

26 Advisory committees 21

Division 5—Chief executive officer and staff 22

27 Chief executive officer 22

28 Staff 22

Part 3—Obligations and planning responsibilities 23

Division 1—Corporate planning 23

29 Preparation of corporate planning documents by Parks Victoria 23

30 Parks Victoria to notify Minister of significant affecting events etc. 24

Division 2—Statements of obligations 24

The statutory architecture rests on a few recurring concepts that structure decision-making and obligations.

Parks Victoria managed land: The Act defines “Parks Victoria managed land” to include land in the Parks Victoria land record and land managed under the National Parks Act 1975 subject to particular exclusions (s 3 defn). Much of Parks Victoria’s statutory duties, strategy and plan obligations operate only in relation to that class of land (ss 8(1)(a), 31(1), 38(1), 46(1)).
Objects and functions: The objects (s 7) frame Parks Victoria’s statutory purpose: protection, conservation and enhancement of its managed land, recognition of traditional owner knowledge and interests, facilitating community enjoyment and appreciation, and contributing to State/regional land management outcomes consistent with protection and management. Functions follow from these objects and are enumerated (s 8(1)), including developing management plans, supporting specified aboriginal parties, undertaking works, monitoring, research, enforcement and acting as the Secretary’s agent (s 8(1)(a)-(j)).
Ministerial control instruments: The Act provides two distinct mechanisms for ministerial direction and prescription. First, the Minister may give directions under s 14 that require compliance (s 14(3)) and must give 14 days’ notice of a proposed direction (s 14(2)). Second, the Minister may make a “statement of obligations” (s 31), with a specified process of notice and opportunity for submission by Parks Victoria (s 33), that takes effect on Gazettal (s 36) and to which Parks Victoria must comply and report annually (s 37).
Planning hierarchy: The Act distinguishes between corporate planning documents requested by the Minister (s 29), the land management strategy (ss 38-45) and land management plans (ss 46-51). Each tier has procedural and substantive constraints: strategies must be consistent with enactments and government policies and address matters specified in directions and statements (s 38(2)); plans must be consistent with legislation and government policy and have regard to the land management strategy and, where applicable, Yarra and Great Ocean Road instruments (s 46(2)-(4A)).
Consultation and publication requirements: The Act prescribes consultation with Departments, public authorities and specified aboriginal parties and public notice/inspection periods for drafts (typically at least 28 days, ss 40(1)(b), 48(1)(b)), as well as publication on Parks Victoria’s internet site and in the Government Gazette. Instruments generally take legal effect when Gazette notice is published (ss 36, 43, 50).
Delegation and contracting: Parks Victoria can delegate to internal actors, the Secretary and specified public servants (s 13(1)), but cannot delegate committee-of-management functions under specified Acts (s 13(2)). It can also delegate limited permit powers to contracted persons, but only those powers enumerated in s 13(3). Agreements to provide services to non‑Secretary bodies require Ministerial approval (s 11(5), s 12(2)).
Interface with other statutory regimes: The Act is declared interface legislation under the Transport Integration Act 2010 (s 4) and cross‑references the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017, the Great Ocean Road and Environs Protection Act 2020, the Conservation, Forests and Lands Act 1987, the National Parks Act 1975, Marine Safety Act 2010 and various other statutes (s 3 defns; ss 8, 10, 10A, 11, 13, Note to s 8).

These concepts create a structured relationship between the Minister, Parks Victoria, traditional owners and the public. They define where discretion sits (for example in Ministerial directions and statements of obligations), where statutory constraints apply (Yarra and Great Ocean Road plans), and the procedural steps required to create binding management strategies and plans.

The Act creates and alters legal status, decision-making responsibilities and compliance duties for a range of actors. The primary affected parties are:

Parks Victoria itself: It is the statutory subject created by the Act and the entity required to comply with statutory duties, to prepare strategies, plans and corporate documents, and to publish and report as required (ss 5, 29, 31, 37, 38-51). Parks Victoria is expressly stated to represent the Crown (s 6), which affects its legal persona and likely liability and commercial dealings.
The Minister: The Minister gains express powers to give directions (s 14), make statements of obligations (s 31) and require amendments to corporate planning documents (s 29(5)), to approve strategies/amendments within 60 days (s 41(3)) and to direct alterations (s 41(2)(b)). The Minister also must follow prescribed consultation processes prior to making statements of obligations (s 33(1)). The Minister therefore is the principal decision-maker for binding strategic instruments and retains control over certain contract and service provisions (s 11(5), s 12(2)).
The Secretary and other public authorities: The Secretary is named in several places. Parks Victoria may act as agent of the Secretary (s 8(1)(i)), may enter agreements with the Secretary for emergency services (s 11) and may delegate to the Secretary and specified public servants (s 13(1)(d)-(e)). Departments and public authorities are consultees for strategies and plans (ss 40(1)(a), 48(1)(a), 51(3)(a)).
Specified aboriginal parties and Traditional Owner bodies: The Act embeds requirements to consult and support involvement of specified aboriginal parties in management (s 8(1)(a)(ii)), and requires Parks Victoria to consult specified aboriginal parties as part of the strategy and plan processes (ss 40(1)(a)(ii), 48(1)(a)(ii), 51(3)(a)(ii)). Definitions in s 3 specify who qualifies as a specified aboriginal party, linking to native title holders, registered Aboriginal parties and Traditional Owner group entities.
The public and local communities: The Act requires public inspection and comment periods for drafts of strategies and plans and public notice in newspapers and online (ss 40(1)(b)-(d), 48(1)(b)-(d)). The community is a target for Parks Victoria’s functions to provide access, facilities, information and opportunities for enjoyment (s 8(1)(a)(iv)).
Employees and staff: Staff of the old Parks Victoria body are transferred to the new body on commencement, with continuity of service and preserved entitlements, and the Act authorises Parks Victoria to employ necessary staff (ss 28, 55). The Secretary may determine duties related to fire and emergencies in consultation with Parks Victoria (s 28(2)). Transfers preserve superannuation entitlements (s 55(7)) and continuity of office for members and the CEO (s 54(3)-(4)).
Contractors and service recipients: Parks Victoria may enter into service agreements (s 12) and may delegate specified permit powers to contractors (s 13(3)), but entering into agreements with people or bodies other than the Secretary for emergency services requires Ministerial approval (s 11(5)) and providing other services requires that the agreement is in the public interest and receives Ministerial approval (s 12(2)). These approvals are gatekeeping mechanisms that affect commercial opportunities and contracting practice.
Land managers and local governments: Parks Victoria’s functions interact with other land managers and committees of management; the Act contemplates Parks Victoria acting as a committee of management under other Acts (s 8 Note) and stipulates that certain committee-of-management functions cannot be delegated (s 13(2)). Local ports and waterways management roles previously held by the old body vest in the new body (s 54(1)(f)).

Who pays and who decides: The Minister decides on binding strategic direction through directions and statements of obligations (ss 14, 31). Costs of compliance , preparing strategies, plans, consultation, publication, reporting in the annual report , fall on Parks Victoria as part of its statutory obligations (ss 29, 33, 35, 37, 40, 48). Ministerial approval requirements (ss 11(5), 12(2)) and the public interest test may constrain revenue-generating service agreements and impose administrative delay and ministerial oversight costs. Staff continuity and preserved entitlements transfer the wage and superannuation liabilities from the old body to the new body on commencement (s 54(1)(b)-(c), s 55).

The Act creates mandatory duties, procedural rights and compliance obligations. The following summarises the central ones, with section references.

Duties that are direct and ongoing

Duty to control and manage Parks Victoria managed land consistent with protecting, conserving and enhancing it, while enabling appropriate use and enjoyment (s 8(1)(a); s 7(1)(a)). This is the core operational duty.
Duty to act consistently with other enactments applying to the land in exercising functions (s 8(2)).
Duty to comply with any Ministerial direction given in accordance with s 14 (s 14(3)). The Minister must give 14 days’ notice of a proposed direction (s 14(2)).
Duty to comply with statements of obligations issued under s 31 (s 37(1)); and to include in the annual report how those obligations have been met (s 37(2)).
Duty to prepare and keep corporate planning documents when requested by the Minister and to comply with Ministerial directions to amend such documents (s 29).
Duty to prepare a land management strategy for Parks Victoria managed land and associated categories of land, and to consult and take account of submissions in its preparation (ss 38-41; s 40). The first strategy must be prepared within two years after commencement (s 38(3)).
Duty to follow specified public consultation steps and publish drafts on Parks Victoria’s website for at least 28 days when preparing strategies and land management plans (ss 40(1)(b)-(d), 48(1)(b)-(d)).
Duty to publish strategies, plans, statements of obligations and their amendments or revocations in the Government Gazette and on Parks Victoria’s website within set timeframes (ss 35, 42, 49).
Duty to notify the Minister immediately if Parks Victoria considers matters have arisen that may prevent or significantly affect achievement of its objects or financial targets in corporate planning documents, with reasons (s 30).

Rights and powers

Parks Victoria’s corporate powers: to acquire, hold and dispose of personal and real property, to sue and be sued, to accept donations and grants (s 5(2)(a)-(f)), and the general power to do all things necessary or convenient to achieve objects (s 9).
Delegation rights: Parks Victoria may delegate functions, powers and duties to members, committees, the CEO, employees, the Secretary and certain public servants (s 13(1)). It may also delegate certain permit powers to contracted persons, but only those specified in s 13(3).
Rights to enter agreements and arrangements: Parks Victoria may enter into agreements for emergency services and other services with the Secretary, other persons or bodies, subject to Ministerial approvals in some cases (ss 11-12). Agreements may provide for use of Parks Victoria employees for carrying out services (ss 11(6), 12(3)).
Procedural rights in relation to Ministerial instruments: before the Minister makes or amends a statement of obligations, the Minister must give Parks Victoria notice and at least 28 days to make written submissions and must have regard to those submissions (s 33(1)). The Act allows an exception where Parks Victoria advises only one submission will be made, permitting early action (s 33(3)). For strategies, Parks Victoria submits to the Minister and the Minister must decide within 60 days (s 41(3)).

Constraints and specific statutory interactions

Parks Victoria must not act inconsistently with parts of a Yarra Strategic Plan expressed to be binding or an approved Great Ocean Road strategic framework plan expressed to bind Parks Victoria when acting in relation to those areas (ss 10(1)(a), 10A(1)(a)). It must have regard to protection principles and other parts of those instruments (ss 10(1)(b), 10A(1)(b)-(c)).
Delegation limitations: Parks Victoria cannot delegate functions, powers or duties that it holds as a committee of management under section 14 of the Crown Land (Reserves) Act 1978 or s 50(3) of the Forests Act 1958 (s 13(2)).
Publication mechanics determine legal effect: statements of obligations, land management strategies and land management plans and their amendments or revocations take effect when published in the Government Gazette (ss 36, 43, 50). Publication duties therefore condition when obligations are binding.

Reporting and accountability

Parks Victoria must include summaries of Ministerial directions in its annual report and publish the full directions online (s 15).
Parks Victoria must include a statement in its annual report about compliance with statements of obligations (s 37(2)).

Removal and governance duties

Members are subject to tenure rules (up to 4 years), grounds for vacancy and removal for incapacity, negligence, improper conduct or non-declaration of interests (ss 18-21). Decisions of Parks Victoria are preserved despite defects in appointments (s 22).

In the statutory design, duties largely fall on Parks Victoria to prepare, consult, publish and report; rights largely consist of operational corporate powers, delegation authority and access to Ministerial procedural steps. Several actions require prior Ministerial approval (service agreements with non‑Secretary parties, provision of other services) or are subject to overriding strategic instruments (Yarra and Great Ocean Road plans).

The Act’s enforcement architecture in the text supplied is primarily administrative and managerial rather than penal. The following points, drawn directly from the Act, describe the enforcement mechanisms and the limited enumerated sanctions.

Administrative compliance mechanisms

Mandatory compliance with Ministerial directions and statements of obligations: Parks Victoria must comply with any direction given in accordance with s 14 (s 14(3)) and must comply with a statement of obligations (s 37(1)). Failure to comply would therefore contravene express statutory duties, although the Act does not, in the provisions reproduced here, set out a specific criminal sanction or civil penalty tied to non-compliance with those obligations.
Reporting and publication obligations: The Minister must publish statements of obligations and amendments in the Government Gazette and Parks Victoria must publish on its website within 14 days after the document is issued (s 35). Parks Victoria must summarise Ministerial directions in its annual report and publish the directions (s 15). Publication obligations are enforceable in the sense that non‑publication is a breach of statutory duties but the Act does not create an express penalty in the text provided.
Ministerial control and rectification powers: The Minister may direct Parks Victoria to alter a land management strategy or amendment (s 41(2)(b)) and can approve or not approve proposals arising from reviews (s 44(5)). Such power gives the Minister the capacity to enforce policy alignment through direction and approval processes.

Personnel sanctions and governance enforcement

Removal of members: The Governor in Council may remove a member for incapacity, negligence, improper conduct, failure to declare a pecuniary or other interest according to processes under s 81(1)(f) of the Public Administration Act 2004, conviction for specified offences, or if the Minister considers the person is no longer suitable to hold office (s 21). Vacancies are created by insolvency, conviction, absence without approval, removal, resignation or retirement (s 19). These are concrete governance-level sanctions applicable to board members.
Preservation of decisions: The Act contains saving provisions that validate actions taken despite appointment defects or vacated positions (s 22). This protects operational continuity but is not punitive.

Limited or absent statutory criminal/civil penalties in text provided

The Act text reproduced does not specify civil penalty provisions or criminal offences for failure to comply with most of the substantive management duties (for example, failure to prepare a land management plan, or failure to consult). The enforcement model implied by the Act is managerial: Ministerial directions, statutory obligations and reporting duties buttressed by governance sanctions such as removal of members.
There are specific procedural constraints that can be enforced in practice (for example, s 33 requires 28 days for submissions when making statements of obligations); however, the Act allows the Minister to make an amendment sooner where Parks Victoria has indicated only one submission will be made (s 33(3)), which creates procedural flexibility.

Contractual and commercial enforcement

Agreements for services and emergency services are subject to Ministerial approval in certain circumstances (ss 11(5), 12(2)); failure to obtain required approvals could have contractual consequences for parties to such agreements and may expose Parks Victoria to administrative remedies, but the Act does not itself specify monetary penalties.

In short, the Act’s enforcement mechanisms are oriented to hierarchical administrative control (Ministerial directions, statements of obligations and approval processes), governance-level sanctions (removal of board members, vacancy rules) and public accountability (publication, reporting). The text supplied does not set out a catalogue of criminal or pecuniary penalties for breaches of most substantive duties; enforcement therefore appears to rely on administrative oversight, directional powers and governance remedies.

The Act incorporates and cross-references multiple existing statutes, establishing Parks Victoria’s role within a broader statutory ecosystem and, in some cases, subordinating Parks Victoria to binding elements of other instruments. The Act is declared interface legislation under the Transport Integration Act 2010 (s 4), signalling that it is intended to operate alongside and interact with other statutory regimes.

Explicit interactions and cross-references

Yarra River regime: Sections 10(1)(a)-(b) require Parks Victoria, when acting in relation to Yarra River land, not to act inconsistently with any part of a Yarra Strategic Plan expressed to be binding on Parks Victoria, and to have regard to Yarra protection principles and parts of a Yarra Strategic Plan not expressed as binding. These cross‑references directly import obligations from the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017 and give effect to specified elements of that Act in Parks Victoria’s decision-making.
Great Ocean Road regime: Section 10A imposes analogous constraints and duties in relation to the Great Ocean Road region, requiring Parks Victoria not to act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to bind Parks Victoria in relation to the Great Ocean Road scenic landscapes area and requiring Parks Victoria to have regard to Great Ocean Road coast and parks protection principles. These references link Parks Victoria’s statutory duties to the Great Ocean Road and Environs Protection Act 2020 (s 10A).
Conservation, Forests and Lands Act 1987 and National Parks Act 1975: The Act defines several terms with reference to the Conservation, Forests and Lands Act 1987 (for example “appointed land”, “joint management plan”) and includes Parks Victoria managed land to include land in the Parks Victoria land record under Part 7A of that Act (s 3). Section 8(1)(i) allows Parks Victoria to act as an agent of the Secretary in carrying out the Secretary’s functions, powers and duties in relation to the management of land. The Note to s 8 references Parks Victoria acting as a committee of management under the Crown Land (Reserves) Act 1978 or Forests Act 1958 when appointed, and acting as a waterway manager under the Marine Safety Act 2010 or as port manager under the Port Management Act 1995 when appointed.
Emergency and service delivery Acts: Section 11 contemplates agreements with the Secretary and other bodies for fire and emergency services, and s 11(7) expressly extends the meaning of “Secretary” to include a Department Head under the Public Administration Act 2004 in the Department of Energy, Environment and Climate Action. Section 12 permits other service agreements but requires the agreement to be in the public interest and written Minister approval (s 12(2)), aligning service provision with public sector accountability laws.
Delegation limits under other Acts: Section 13(2) disallows delegations of functions, powers or duties that Parks Victoria has as a committee of management appointed under s 14 of the Crown Land (Reserves) Act 1978 or s 50(3) of the Forests Act 1958. This preserves statutory duties that particular Acts assign to the committee of management role.
Suburban Rail Loop and major transport project exclusions: Section 10(2) and the substitute in s 10(2) as amended by subsequent legislation carve out declared projects under the Major Transport Projects Facilitation Act 2009 and Suburban Rail Loop projects under the Suburban Rail Loop Act 2021 from the operation of the Yarra Strategic Plan constraints. These are narrow but explicit statutory exceptions recognising other major infrastructure processes.
Financial Management Act 1994: Section 5(5) states that s 9 of the Financial Management Act does not apply to any grant or donation accepted by Parks Victoria under s 5(2)(f). This is an express localised modification of financial management rules in relation to donations.
Public Administration Act 2004: Section 11(7) references the Public Administration Act 2004 definitions for “Department Head”, and s 21(d) incorporates the processes under s 81(1)(f) of the Public Administration Act 2004 for declaration of interests.

Operational implications of these interactions

Priority and binding effect: Where other statutes confer binding strategic instruments (for example the Yarra Strategic Plan or an approved Great Ocean Road strategic framework plan), Parks Victoria’s statutory obligations are subordinated or constrained to avoid inconsistency (ss 10(1)(a), 10A(1)(a)). That creates statutory hierarchies in specific geographic areas.
Procedural harmonisation and limits: The Act requires Parks Victoria’s strategies and plans to be consistent with the legislation under which the land is managed and any other legislation applying to the land (s 38(2)(a), s 46(2)(a)). This design forces Parks Victoria to operate within other statutory frameworks and to integrate other legal constraints into its planning.
Delegation and committee roles are limited where other Acts assign distinct responsibilities: s 13(2) protects statutory functions attached to being a committee of management under the Crown Land (Reserves) Act 1978 and the Forests Act 1958.
Ministerial oversight interacts with other statutory decision-makers: the Act gives the Minister control over strategic instruments (ss 14, 31, 41) but also requires consultation with Departments and specified aboriginal parties whose interests may be protected by other statutes (ss 40(1)(a), 48(1)(a)).
Administrative exceptions for infrastructure projects: The carve-outs for declared projects under the Major Transport Projects Facilitation Act 2009 and Suburban Rail Loop Act 2021 in s 10(2) indicate that other statutory regimes may override the Yarra plan constraints for those projects.

The Act therefore operates not in isolation but as an integrating statute that embeds Parks Victoria within existing statutory networks, constrains it where other Acts provide binding strategic instruments, and aligns procedural requirements (consultation, publication, approval) with wider public administration norms.

The version provided incorporates subsequent amendments through to 22 October 2025. The Act’s endnotes and the in-text amendment notations supply the amendment history particulars that are relevant to interpretation.

Key chronological amendments and insertions (as recorded in the Act’s endnotes and marginal notes)

Parks Victoria Act 2018 (No. 19/2018): The Act received assent on 5 June 2018 and came into operation on 12 September 2018 (Endnotes). Its long title stated that it repealed and re-enacted the 1998 Act with amendments (s 1).
Repeal of Parts 5-13: Section 253 repealed Parts 5-13 (ss 56-253) on 1 November 2019, per the table note in the Endnotes.
Great Ocean Road and Environs Protection Act 2020 (No. 19/2020): Sections 102-104 of that Act (commencing 1 December 2020) inserted definitions for “approved Great Ocean Road strategic framework plan”, “Great Ocean Road coast and parks”, “Great Ocean Road coast and parks protection principles”, “Great Ocean Road region” and “Great Ocean Road scenic landscapes area” into s 3, and also added s 10A (Obligations in relation to the Great Ocean Road region) to the Parks Victoria Act (as indicated by the in-text marginal notes and the Table of Amendments in the endnotes).
Parks and Crown Land Legislation Amendment Act 2020 (No. 40/2020): Sections 113 and 114 (commencing 15 December 2020) amended s 8(1)(i) and inserted s 33(3), among other changes, as recorded in the endnotes.
Great Ocean Road and Environs Protection Amendment Act 2021 (No. 42/2021): Section 150 commenced on 1 September 2022 and amended the definition of “Parks Victoria managed land” in s 3, as recorded in the Table of Amendments.
Suburban Rail Loop Act 2021 (No. 43/2021): Section 219(Sch. 1 item 9) effected changes to s 10(2) on 1 December 2021, creating the exception for Suburban Rail Loop projects and declared projects under the Major Transport Projects Facilitation Act 2009 (s 10(2) substitutes).
Statute Law Revision Act 2025 (No. 41/2025): Section 4(Sch. 2 item 20) came into operation on 22 October 2025 and amended s 11(7) to update the definition of “Secretary” to include the Department Head of the Department of Energy, Environment and Climate Action under the Public Administration Act 2004 (as shown in the marginal note to s 11 and the Table of Amendments).

Transitional amendments and commencement

The Act specified commencement mechanisms (s 2), allowing proclamation or, failing that, automatic commencement by 1 November 2018 (s 2). The endnotes confirm commencement on 12 September 2018.
The transitional Part (ss 52-55) effected abolition of the old Parks Victoria body and set out the mechanics for transferring assets, liabilities, appointments, memberships, staff and entitlements to the new body (ss 54-55), providing immediate succession on the commencement day.

Other amendment notations in the text

Multiple in-text marginal notes identify where later Acts inserted or substituted definitions or provisions (for example marginal notes to s 3 showing insertions by No. 19/2020 and No. 42/2021; s 10(2) substitution by No. 43/2021).
The Table of Amendments in the endnotes summarises the amendment Acts, their assent and commencement dates and references the particular sections of this Act that were altered by each amending Act.

The Act’s amendment history indicates a concentrated period of post‑enactment adjustment aligning Parks Victoria’s duties with new statutory frameworks for the Great Ocean Road and the Yarra, and updating administrative references and definitions. The transitional provisions ensured continuity from the old statutory body to the new legal entity.

The Act text provided contains no judicial decisions or litigation records. The Endnotes section titled “3 Explanatory details” states “No entries at date of publication,” and there is no section of the Act that records judgments, case law, or references to litigation concerning the Act. The Table of Amendments and general information in the endnotes record legislative modifications, commencement and amendment dates, but do not include litigation history.

Therefore, based on the statute as provided:

There are no cases named in the Act text or endnotes.
The Act itself contains no annotated judicial interpretations or notes of litigation.
Any litigation that may have arisen under the Act or its predecessor is not recorded in the document supplied.

Practitioners should therefore consult current legal databases and court records for any post‑enactment litigation or authoritative judicial interpretation that may affect the operation of specific provisions (for example the meaning of “Parks Victoria managed land”, the scope of Ministerial directions, or the extent of the Secretary’s agency role). The statute as printed provides the legislative baseline but does not include case law.

Several provisions create legal or administrative outcomes that may catch practitioners, administrators and contractors if not read closely. These are concrete mechanics in the statute rather than evaluative claims.

Legal effect tied to Gazette publication: Statements of obligations, land management strategies and land management plans (and their amendments or revocations) take effect only when a notice of approval or the instrument itself is published in the Government Gazette (ss 36, 43, 50). Practically, a plan or strategy is not legally operative until Gazette notice , online publication alone is not the statutory trigger.
Short statutory decision windows with compulsion to comply: The Minister must give at least 14 days’ notice of a proposed direction before giving the direction (s 14(2)), but any direction given in accordance with s 14 is binding and Parks Victoria must comply (s 14(3)). Similarly, after receiving a strategy, the Minister has 60 days to decide (s 41(3)); Parks Victoria must comply with a direction to alter the strategy within 60 days of receiving the direction (s 41(4)). These windows create potential timing pressure if Parks Victoria must revise strategy documents quickly to comply with a Ministerial direction.
Ministerial approvals as commercial gatekeepers: Parks Victoria cannot enter into agreements with persons or bodies other than the Secretary for emergency services without the Minister’s written approval (s 11(5)). Nor may Parks Victoria enter into “other services” agreements unless the agreement is in the public interest and the Minister has provided written approval (s 12(2)). These requirements limit Parks Victoria’s ability to contract freely for revenue-generating services or international engagements without prior Ministerial consent.
Delegation is limited and specific: Section 13(2) prevents delegation of functions, powers or duties Parks Victoria has as committee of management under particular Acts. While delegations to contractors are permitted, they are limited to the specific permit powers listed in s 13(3). Practitioners must not assume general contracting will transfer all manager powers.
Publication and reporting strings: The Minister must publish statements of obligations and Parks Victoria must publish them on its website within 14 days of issue (s 35(1)). Parks Victoria must also include a statement in its annual report about compliance with statements of obligations (s 37(2)). Failure to meet publication or reporting deadlines creates a disconnect between what is publicly represented and what is legally effective.
Transferred employees retain entitlements, but terms can be altered post-transfer: Section 55 preserves service continuity and accrued entitlements, including superannuation (s 55(2)-(3), (7)), and provides that no additional payment is due merely because of the transfer (s 55(4)). However, s 55(9) clarifies that nothing prevents terms and conditions being altered by law, award or agreement with effect on or after commencement; therefore entitlements are preserved but subject to lawful post-transfer changes.
Ministerial discretion in statements of obligations: Although s 33 mandates notice and a 28‑day submission period before a statement of obligations is made, s 33(3) allows the Minister to proceed earlier if Parks Victoria advises that only one submission will be made. This creates an acceleration mechanism that could shorten the opportunity for broader input.
Protection of Parks Victoria decisions despite defects: Section 22 preserves the validity of decisions even in the event of defects or irregularities in appointments. This protects operational continuity but can also entrench decisions made under flawed appointment processes.
The Financial Management Act carve-out for donations: Section 5(5) excludes application of s 9 of the Financial Management Act 1994 to donations accepted by Parks Victoria under s 5(2)(f). This is a narrow exception that practitioners dealing with donor arrangements must identify and consider in financial compliance advice.
Overlaps with other statutory instruments: Parks Victoria must not act inconsistently with binding parts of the Yarra Strategic Plan or an approved Great Ocean Road strategic framework plan (ss 10(1)(a), 10A(1)(a)). In addition, s 10(2) excludes these constraints for declared projects under the Major Transport Projects Facilitation Act 2009 and Suburban Rail Loop projects per the Suburban Rail Loop Act 2021, but only to the extent those projects are declared; careful statutory mapping is necessary where land is affected by multiple regimes.
Time horizons for statutory reviews: Strategies must be reviewed at least every 10 years after the first strategy has effect (s 44(1)(a)), and land management plans must be reviewed every 15 years after the first plan has effect (s 51(1)). These are long statutory cycles; operational priorities and government policy can change significantly in the interim, and parties should plan for Ministerial directions or statements of obligations that may trigger earlier reviews (s 44(1)(b)-(c)).

In short, the main “gotchas” arise from timing (Gazette triggers, 14‑ and 60‑day windows), ministerial approval gates on contracting, limited delegations, the preservation of decisions despite appointment defects, and statutory linkage to other place‑specific instruments (Yarra and Great Ocean Road regimes). These features create compliance traps if procedures and publication timelines are not tracked.

Compliance under this Act follows predictable administrative steps anchored in statutory timelines, publication requirements and Ministerial approval gates. The summary below sets out practical, source‑grounded steps and checklists linked to the specific sections that create obligations.

Governance and board compliance

Appointments and tenure: Ensure instruments of appointment specify term lengths (not exceeding 4 years) and terms and conditions as required by s 18. Maintain records of appointment instruments and terms to defend validity if questioned (s 18).
Meeting procedures and voting: Maintain quorate meetings (majority constitutes quorum), ensure minutes are kept, and observe the casting vote rules: if votes are equal, chair has casting vote (s 23(4)-(5), (6)). Establish procedures for resolutions without meetings in line with s 24 and maintain records of such resolutions (s 24(4)).

Document and publication workflow

Statements of obligations: Track Ministerial notices under s 33. If a statement of obligations is issued or amended, ensure that within 14 days the Minister publishes in the Government Gazette and Parks Victoria publishes online (s 35). Prepare the annual report disclosure on compliance with statements of obligations required by s 37(2).
Land management strategy and plans: For any draft strategy or plan, follow the consultation and publication steps: consult relevant Departments/public authorities and specified aboriginal parties (ss 40(1)(a), 48(1)(a), 51(3)(a)); make the draft available for inspection for at least 28 days (ss 40(1)(b), 48(1)(b)); publish notice in relevant newspapers and publish the draft online (ss 40(1)(c)-(d), 48(1)(c)-(d)). Collect and consider submissions (ss 40(1)(e), 48(1)(e)). Remember that strategies and plans only take effect on Gazette notice (ss 43, 50), so schedule post-approval publication promptly.
Timelines: The Minister has 60 days to decide on a strategy submission and Parks Victoria has 60 days to comply with a direction to alter a strategy (s 41(3)-(4)). Build these timelines into project plans and stakeholder communications.
Reviews: Maintain a calendar for reviews: strategies at least every 10 years from first effect (s 44(1)(a)) and plans at least every 15 years (s 51(1)). Monitor triggers for earlier review: after any statement of obligations amendment (s 44(1)(b)) or Ministerial direction (s 44(1)(c)).

Contracting, delegations and service agreements

Emergency services agreements: If proposing to enter agreements for emergency services with bodies other than the Secretary, obtain written Ministerial approval before concluding the agreement (s 11(5)). If entering an agreement with the Secretary, follow the form and contents that reflect roles and delegation possibilities under s 11(1).
Other services: For service agreements not directly emergency‑related, ensure the agreement is demonstrably “in the public interest” and secure written Ministerial approval (s 12(1)-(2)). Document public interest testing and Ministerial approvals to satisfy audit and oversight.
Delegations to contractors: If delegating permit powers to contracted persons, limit delegated powers to those listed in s 13(3). Keep a clear instrument of delegation specifying the exact powers and conditions, and document compliance oversight.
Delegations to public servants and the Secretary: Use instruments of delegation to members, committees, the CEO, employees, the Secretary and specified public servants per s 13(1). Note that committee-of-management functions under specific Acts cannot be delegated (s 13(2)).

Stakeholder and indigenous engagement

Specified aboriginal parties: Early identification of specified aboriginal parties for affected areas is required; the Act defines that category in s 3. Consult specified aboriginal parties when preparing strategies and plans (ss 40(1)(a)(ii), 48(1)(a)(ii), 51(3)(a)(ii)) and consider formal measures for involving traditional owner knowledge in management functions (s 8(1)(a)(ii)).
Public consultation: For drafts, ensure open and accessible public notice (newspapers and internet) and a minimum 28-day inspection and submission window (ss 40(1)(b)-(d), 48(1)(b)-(d)). Keep records of where notices were placed and copies of submissions received and considered.

Reporting and transparency

Annual report requirements: Include summaries of Ministerial directions (s 15(b)) and a statement on how Parks Victoria met its obligations under any statement of obligations (s 37(2)) in the annual report under s 45 of the Financial Management Act 1994.
Publication duties: When a relevant document is issued to Parks Victoria, monitor the 14-day publication window for Gazette and website publication (s 35(1)). For strategies and plans, post the approved instruments and Gazette notices promptly (ss 42(1), 49(1)).

Employment and transition matters

Staff transfers and entitlements: If the transfer of staff from an old body arises, ensure certificates from the CEO are available to evidence employment transfer (s 55(5)-(6)), preserve accrued entitlements including superannuation (s 55(2), (7)), and document continuity of service (s 55(3)). Note that terms and conditions may be altered by law or agreement post‑transfer (s 55(9)).
CEO and employees: Ensure contracts and terms for CEO and staff are documented in accordance with s 27 and s 28. Maintain records of any duties determined by the Secretary in consultation with Parks Victoria for emergency roles (s 28(2)).

Statutory compliance mapping and delegation register

Maintain a compliance map that identifies all places where Parks Victoria must not act inconsistently with other instruments (Yarra Strategic Plan, approved Great Ocean Road strategic framework plan) and where it must have regard to protection principles (ss 10, 10A). Keep a register of all delegations and delegation instruments as required by public administration standards (s 13).
Prepare a protocol for assessing whether an agreement is “in the public interest” (s 12(2)), including factors to be documented for Ministerial consideration.

Audit and legal readiness

Document all Ministerial approvals and directions, and maintain a log linking those instruments to strategy and plan revisions. For any Ministerial direction given, check compliance with the notice requirement in s 14(2) to ensure the direction was lawfully given.
Ensure proper record-keeping in case of scrutiny: minutes of meetings (s 23(6)), records of resolutions without meetings (s 24(4)), records of consultation and submissions (ss 40(1)(e), 48(1)(e), 51(3)(b)), and publication proofs for Gazettal and website postings (ss 35, 42, 49).

Practical checklists (quick reference)

Before entering a services agreement with a non‑Secretary body: confirm public interest test satisfied, obtain written Ministerial approval, document employee-use clauses (s 12).
Before delegating to a contractor: confirm the power is one of those listed in s 13(3); prepare instrument of delegation and oversight arrangements.
Before publishing a strategy or plan as operative: ensure Minister’s approval (s 41), publish the instrument on Parks Victoria’s website and arrange Gazette notice for legal effect (ss 42, 43, 49, 50).
For board members: track terms and reappointment windows, and ensure declaration-of-interest processes meet Public Administration Act expectations and are recorded (ss 18, 21(d)).

Following these statutory steps and embedding them into operational workflows will align Parks Victoria’s activities with the explicit procedural, publication and approval requirements in the Act.

Parks Victoria Act 2018

Plain English Summary

Deep Dive

What it does

Current sections

Parks Victoria Act 2018

Source text: opening excerpt

1 Parks Victoria Act 2018

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply