Parks Victoria Act 2018 — Zoe

Victoria act

Parks Victoria Act 2018

In ForceVIC

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Victoria

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act

Plain English Summary

6/10 complexity

What this Act does (mechanically)

The Act repeals the previous Parks Victoria Act 1998 and re-establishes Parks Victoria as a statutory body corporate (ss 1, 53, 5). Parks Victoria represents the Crown (s 6), may hold and deal in property, accept grants or donations (s 5(2)(e)–(f)), and may sue and be sued in its corporate name (s 5(2)(c)).
It sets out Parks Victoria's objects (what it must aim to do) — protect and manage Parks Victoria managed land and its natural and cultural values, support traditional owner involvement, encourage community enjoyment and understanding, and contribute to State/regional land management outcomes (s 7).
The Act lists specific functions and powers for Parks Victoria (control and management of Parks Victoria managed land; enforcement of laws on that land; cooperating with other land managers; providing emergency and other services under agreements; advising the Minister; and doing anything necessary to achieve its objects) (ss 8–9, 11–12).
The Minister has formal powers to direct Parks Victoria about performance of its functions and powers; Parks Victoria must be given notice of proposed directions and must comply with any direction given lawfully (ss 14–15). The Minister can also issue a written "statement of obligations" setting obligations Parks Victoria must meet, and may amend, vary or revoke that statement (ss 31–37).
The Act establishes an accountable governance and planning structure: a board of 5–9 members (with required skills), appointment rules and terms, meeting and decision rules, delegation powers (including delegating certain permit powers to contractors), and a chief executive officer and staff provisions (ss 16–28, 13, 27–28).

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What it does

The Parks Victoria Act 2018 repeals and re-enacts with amendments the former Parks Victoria Act 1998, establishing Parks Victoria as a body corporate representing the Crown (s 5, s 6). The Act sets out the objects of Parks Victoria, being to protect, conserve and enhance Parks Victoria managed land, including its natural and cultural values, to recognise and support traditional owner knowledge and interests, to provide for and encourage community enjoyment and involvement, to improve community knowledge and appreciation, to contribute to community wellbeing through effective management, and to contribute to state and regional land management outcomes (s 7(1)). Parks Victoria must have regard to these objects in performing its functions, exercising its powers and carrying out its duties (s 7(2)). The Act confers on Parks Victoria a range of functions including controlling and managing Parks Victoria managed land in a manner that protects, conserves and enhances the land while providing for appropriate use, enjoyment and appreciation; enforcing and ensuring compliance with laws applying to that land; conferring and cooperating with the Secretary or other land managers; providing fire and emergency services under agreement; providing other services; advising the Minister and Secretary; promoting good relations and community education; acting as agent of the Secretary in land management; and carrying out any other function conferred by this or any other Act (s 8(1)). A non‑exhaustive note lists additional functions such as acting as a committee of management under the Crown Land (Reserves) Act 1978 or Forests Act 1958, acting as a waterway manager under the Marine Safety Act 2010, or acting as a port manager under the Port Management Act 1995. Parks Victoria must exercise its functions consistently with the enactments applying to the management of the land in question (s 8(2)). The Act also provides that Parks Victoria has power to do all things necessary or convenient for achieving its objects and performing its functions (s 9). It imposes specific obligations in relation to Yarra River land and the Great Ocean Road region (ss 10, 10A). The Act establishes a governance structure for Parks Victoria, including ministerial directions, membership and decision‑making rules, committees, and a chief executive officer and staff (Part 2). Part 3 imposes planning and reporting obligations through corporate planning documents, statements of obligations, a land management strategy, and land management plans. The Act also contains transitional provisions abolishing the former body and transferring staff, assets and liabilities to the new Parks Victoria (Part 4). The Act is declared to be interface legislation under the Transport Integration Act 2010 (s 4).

Current sections

Direct links to the current provisions in Parks Victoria Act 2018.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

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Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

Who decides and where the discretion sits: the Minister has formal directional control (ss 14–15), and may issue legally binding statements of obligations (ss 31–37). The Minister also approves or directs alteration of Parks Victoria's land management strategy (s 41). Those provisions concentrate decision authority in the executive and create legally enforceable obligations on Parks Victoria (s 37).
Who pays and how costs are allocated: the Act does not set an explicit recurring funding formula. It allows Parks Victoria to accept grants and donations (s 5(2)(f)) and to enter into paid service agreements (ss 11–12). The Act requires Parks Victoria to report on how it met obligations in its annual report (s 37) and to notify the Minister when events may affect financial targets (s 30), which creates accountability but does not specify the source of funding for new obligations. Practically, costs of preparing strategies, plans, consultations and compliance will fall on Parks Victoria (ss 29, 38, 40, 46, 48, 51) and on stakeholders who participate in consultation.
Compliance burden and administrative costs: the Act imposes repeated, structured planning, consultation and publication processes. Parks Victoria must prepare corporate documents on request (s 29), prepare and publish a land management strategy (ss 38, 42–43) with reviews at least every 10 years (s 44), and prepare land management plans and review them at least every 15 years (ss 46, 51). Drafts must be publicly exhibited and submissions considered (ss 40, 48). These procedural steps create ongoing staff time and administrative processes (ss 27–28) and require record‑keeping and publication (ss 15, 35, 42, 49).
Bureaucratic discretion and implementation risk: the Minister may direct (s 14), specify matters to be addressed in strategies through statements of obligations (ss 31–33), and approve or require changes to strategies within a fixed 60‑day decision window (s 41). That creates a clear mechanism for executive control over priorities but also a risk of delays or rework where the Minister requires alterations (s 41(2)(b)). The Act also requires Parks Victoria to consult several external parties (public authorities, specified aboriginal parties, the public) when preparing strategies and plans (ss 40, 48, 51), which increases coordination complexity and may extend timelines.
Effects on private enterprise, competition and contract freedom: the Act creates both constraints and opportunities for private parties. Constraints: Parks Victoria enforces laws on Parks Victoria managed land (s 8(1)(b)) and must be guided by strategy and plans that can restrict land uses (ss 38, 46). Opportunities: Parks Victoria may enter agreements to provide services domestically or internationally (ss 11(2), 12(1)) and may accept grants or donations (s 5(2)(f)). Critically, Parks Victoria may delegate certain permit issuance powers to contracted persons (s 13(3)), which gives private contractors the power to act in a quasi‑regulatory role (permit issuance) — that changes who interacts with businesses seeking permits and shifts some operational control away from the board/staff to contractors if used.
Traditional owner engagement and consultation: the Act requires Parks Victoria to support involvement of a specified aboriginal party in management (s 8(1)(a)(ii)) and to consult specified aboriginal parties when preparing strategies and plans (ss 40(1)(a)(ii), 48(1)(a)(ii), 51(3)(a)(ii)). Those clauses legally anchor engagement obligations and make consultation a built‑in part of plan development.
Concentrated benefits and diffuse costs: the instrument creates mechanisms (Ministerial directions, statements of obligations, and service agreements) that can concentrate benefits on those who receive contracts, grants or delegated functions (ss 14, 31, 11–12, 13(3)). Costs of compliance (preparing plans, participating in consultations, meeting obligations) are more diffuse — borne by Parks Victoria, contractors, and the public who must participate in consultations (ss 29, 38, 40, 46, 48, 51). The Act itself does not prescribe commercial selection processes for contracts or grants beyond requiring Ministerial approval in specified cases (ss 11(5), 12(2)).
Substitution effects and unintended consequences (mechanism‑focused): delegation of permit powers to contractors (s 13(3)) and the power to provide services outside Victoria (ss 11–12) may shift operational activity from in‑house public staff to contracted providers and change how citizens and businesses access regulatory decisions. Publishing directions and plans (ss 15, 35, 42, 49) increases transparency but also fixes obligations that can limit Parks Victoria’s short‑term operational flexibility (s 36, s 43, s 50).

Main concepts

The Act defines several key concepts. "Parks Victoria managed land" means any land in the Parks Victoria land record and any land managed under the National Parks Act 1975 (including land managed under sections 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 (s 3 definition). This definition was amended by No. 42/2021 s 150 to exclude certain land under Great Ocean Road management. "Specified aboriginal party" in relation to an area of land captures native title holders (within the meaning of s 224 of the Commonwealth Native Title Act 1993), a traditional owner group entity that has entered into a recognition and settlement agreement under the Traditional Owner Settlement Act 2010 for that area, or a registered Aboriginal party under the Aboriginal Heritage Act 2006 for that area (s 3 definition). The Act uses this term to require consultation in planning processes (ss 40, 44, 48, 51). "Statement of obligations" means a statement published under s 35, including as amended or varied, which the Minister may make setting out obligations of Parks Victoria in performing its functions and exercising its powers in relation to Parks Victoria managed land and certain other land managed by Parks Victoria (ss 31, 35). Statements may cover governance, guiding principles, performance standards, management priorities, implementation of government policies, compliance and enforcement, and collaboration (s 31(2)). "Land management strategy" means the strategy, notice of approval of which is published under s 42, including amendments; it sets out general long‑term directions, strategies and priorities for protection, management and use of Parks Victoria managed land and related land (ss 3, 38). "Land management plan" means a plan, notice of the making of which is published under s 49, setting out how Parks Victoria will manage a specific area of land (ss 3, 46). "Corporate planning document" includes a statement of corporate intent, a corporate plan or a business plan (s 3 definition). "Yarra River land", "Yarra Strategic Plan", "Yarra Strategic Plan area" and "Yarra protection principles" have the same meanings as in the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017 (s 3). "Great Ocean Road region", "Great Ocean Road coast and parks", "Great Ocean Road coast and parks protection principles", "Great Ocean Road scenic landscapes area" and "approved Great Ocean Road strategic framework plan" have the same meanings as in the Great Ocean Road and Environs Protection Act 2020 (s 3, definitions inserted by No. 19/2020 s 102). "Joint management plan" has the same meaning as in the Conservation, Forests and Lands Act 1987 (s 3). "Secretary" means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987 (s 3). The Act also defines "appointed land", "native title holder", "traditional owner group entity", and "Parks Victoria land record" (s 3). The concept of Parks Victoria representing the Crown is established in s 6, which has implications for Crown immunity and liability.

Who it affects

The Act primarily affects Parks Victoria itself, as the body established under s 5. Parks Victoria is the central entity subject to the Act's duties, powers and obligations. The Minister administering the Act is directly affected: the Minister may give directions to Parks Victoria (s 14), make, amend, vary or revoke statements of obligations (ss 31, 32), approve or direct alterations to the land management strategy (s 41), request corporate planning documents (s 29), and exercise removal powers over members (s 21). The Secretary (the body corporate under the Conservation, Forests and Lands Act 1987) is affected because Parks Victoria may act as the Secretary's agent in land management (s 8(1)(i)), Parks Victoria must confer and cooperate with the Secretary (s 8(1)(c)), and the Secretary may determine duties of Parks Victoria employees in relation to fire and emergencies (s 28(2)). Members of Parks Victoria are affected by appointment, term, resignation, removal and disqualification provisions (ss 16‑21). The chief executive officer and staff are affected by employment provisions and potential transfer from the former body (ss 27, 28, 54, 55). Committees established under ss 25 and 26 are affected, including advisory committee members who serve terms up to 3 years (s 26(2)). Specified aboriginal parties for areas of land that are Parks Victoria managed land are affected: they must be consulted in the preparation of the land management strategy (s 40(a)(ii)), in reviews of the strategy (s 44(3)(a)(ii)), in making or amending land management plans (s 48(1)(a)(ii)), and in reviews of plans (s 51(3)(a)(ii)). The public is affected through rights to inspect drafts of strategies and plans, to make submissions, and to access published documents (ss 40, 42, 48, 49). Persons or bodies who enter into agreements with Parks Victoria for fire or other emergency services (s 11) or for other services (s 12) are affected. Traditional owner group entities and native title holders are affected as part of the definition of specified aboriginal party and through the object of recognising and supporting traditional owner knowledge and interests (s 7(1)(b)). The Department of Energy, Environment and Climate Action (formerly Department of Environment, Land, Water and Planning) is affected, as the reference to Secretary includes the occupant of that Department Head position for the purposes of s 11 (s 11(7) as amended by No. 41/2025). Other public authorities and departments whose interests may be affected by strategies or plans are consulted under ss 40, 44, 48 and 51. The Great Ocean Road Coast and Parks Authority is affected by the exclusion of certain land from Parks Victoria managed land (definition in s 3). The Act also affects any person contracting with Parks Victoria, as delegation of permit‑granting powers to contractors is possible under s 13(3).

Key duties and rights

Parks Victoria has a duty to comply with any direction given by the Minister under s 14 (s 14(3)). It must also comply with a statement of obligations (s 37(1)) and include in its annual report a statement setting out how it has met its obligations under any statement of obligations (s 37(2)). Parks Victoria must prepare a land management strategy within 2 years after commencement (s 38(3)) and must ensure the strategy is consistent with applicable legislation and government policies and addresses any matters specified by the Minister in a direction or statement of obligations (s 38(2)). It must review the land management strategy at least every 10 years after the first strategy has effect, as soon as possible after making or amending a statement of obligations, or if directed by the Minister (s 44(1)). In reviewing, Parks Victoria must consult with affected departments, specified aboriginal parties and the public (s 44(3)). Parks Victoria must review each land management plan every 15 years (s 51(1)), with similar consultation obligations (s 51(3)). It must notify the Minister immediately if matters arise that may prevent or significantly affect the achievement of its objects or financial targets under a corporate planning document (s 30(1)). It must publish directions given by the Minister on its website and include a summary in its annual report (s 15). It must publish the land management strategy and any amendments on its website and gazette notice of approval (s 42). It must publish land management plans, amendments and revocations on its website and gazette (s 49). Before making a land management plan or amendment, Parks Victoria has a duty to consult with affected departments and specified aboriginal parties, make a draft available for public inspection for at least 28 days, publish notice in statewide and local newspapers, publish the draft online, and have regard to submissions (s 48(1)). Similar duties apply for the land management strategy (s 40). In performing functions in relation to Yarra River land, Parks Victoria must not act inconsistently with binding parts of the Yarra Strategic Plan, and must have regard to the Yarra protection principles and non‑binding parts of the Plan (s 10(1)). In relation to the Great Ocean Road region, Parks Victoria must not act inconsistently with binding parts of an approved Great Ocean Road strategic framework plan in relation to the scenic landscapes area, must have regard to the coast and parks protection principles in relation to the coast and parks, and must have regard to non‑binding parts of the plan (s 10A(1)). However, these duties do not apply in relation to declared projects under the Major Transport Projects Facilitation Act 2009 (ss 10(2), 10A(2)) or, for Yarra River land, Suburban Rail Loop projects under the Suburban Rail Loop Act 2021 (s 10(2)(b) as substituted by No. 43/2021). Parks Victoria has the right to enter into agreements for fire and emergency services with the Secretary or other persons or bodies (ss 11, 12), though agreements with non‑Secretary bodies require prior written approval of the Minister (s 11(5)) and agreements under s 12 require the agreement to be in the public interest and ministerial approval (s 12(2)). Parks Victoria may delegate its functions, powers and duties to members, committees, the CEO or employees, the Secretary, or certain public service employees (s 13(1)), and may delegate permit‑granting powers to contractors (s 13(3)). It may also establish committees of members and advisory committees (ss 25, 26). The Minister has the right to request corporate planning documents and direct amendments (s 29) and to give directions after at least 14 days notice (s 14(2)). The Minister must have regard to any submissions from Parks Victoria before making or varying a statement of obligations, subject to exceptions for minor amendments (s 33). Parks Victoria may make submissions in response to a proposed statement (s 33(1)(b)) and if it advises the Minister that its submission will be the only one, the Minister may proceed before the 28‑day period expires (s 33(3)).

Penalties and enforcement

The Parks Victoria Act 2018 does not itself prescribe specific penalties, fines or imprisonment for non‑compliance. The Act focuses on establishing duties and obligations for Parks Victoria and the Minister. Enforcement of these duties is primarily through accountability mechanisms rather than punitive sanctions. For example, if Parks Victoria fails to comply with a statement of obligations, the Minister may issue a direction under s 14, and Parks Victoria must comply (s 14(3), s 37(1)). The Minister may also alter or amend statements of obligations (s 32) and may direct Parks Victoria to amend corporate planning documents (s 29(5)). The requirement to include in the annual report a statement of how Parks Victoria has met its obligations under any statement of obligations (s 37(2)) creates public accountability. The duty to publish certain documents on the Parks Victoria website and in the Government Gazette (ss 15, 35, 42, 49) ensures transparency. Failure to comply with these publication duties could potentially give rise to administrative law remedies such as mandamus, but the Act does not create a statutory offence. Similarly, the duty of Parks Victoria to notify the Minister of significant affecting events (s 30) is enforceable only through ministerial oversight. The Act provides that Parks Victoria may be sued in its corporate name (s 5(2)(c)), so third parties who suffer loss due to Parks Victoria's breach of duty could potentially seek relief in court. The transitional provisions under Part 4 ensure continuity of liabilities and obligations (s 54). The Act does not contain any express provision for civil penalties or infringement notices. However, the Act does not operate in a vacuum: compliance with laws applying to Parks Victoria managed land is itself a function of Parks Victoria (s 8(1)(b)), and enforcement of those laws (such as the National Parks Act 1975, Wildlife Act 1975, or regulations under the Conservation, Forests and Lands Act 1987) would carry their own penalty regimes. The Act's delegation provision (s 13(3)) allows Parks Victoria to delegate to contractors the power to grant permits under certain Acts, and those permit systems typically have their own enforcement provisions. The removal of members for conviction of an offence against the Act or a relevant law (s 21(e)) implies that offences may exist under other legislation, but the Parks Victoria Act itself does not create any offence. The validity saving provision (s 22) protects decisions from being invalidated due to appointment defects, which may limit certain challenges. In summary, the Act relies on ministerial direction, public reporting, and the broader legal framework for enforcement rather than self‑contained penalty provisions.

How it interacts with other laws

The Act explicitly declares itself to be interface legislation within the meaning of the Transport Integration Act 2010 (s 4). This means that decision‑makers under the Parks Victoria Act must have regard to the transport system objectives, decision‑making principles and other provisions of the Transport Integration Act when performing functions under this Act. The Act contains numerous direct references to other Victorian Acts. The definition of "Parks Victoria managed land" incorporates land managed under the National Parks Act 1975, and specifically cross‑references sections 19A, 19C, 19D, 19E and 32AA of that Act (s 3). This land is managed by Parks Victoria subject to the National Parks Act. The Act also notes that Parks Victoria may act as a committee of management under the Crown Land (Reserves) Act 1978 or the Forests Act 1958 (note to s 8). The land management strategy and plans must be consistent with legislation under which the land is managed (ss 38(2)(a)(i), 46(2)(a)). The Act interacts with the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017 by incorporating definitions and imposing duties to not act inconsistently with the Yarra Strategic Plan and to have regard to the Yarra protection principles (s 10). That duty is disapplied for declared major transport projects under the Major Transport Projects Facilitation Act 2009 and for Suburban Rail Loop projects under the Suburban Rail Loop Act 2021 (s 10(2)). Similarly, the Act interacts with the Great Ocean Road and Environs Protection Act 2020 through definitions and duties regarding the Great Ocean Road region (ss 10A, 46(4A)). Those duties are also disapplied for declared major transport projects (s 10A(2)). The Act cross‑references the Conservation, Forests and Lands Act 1987 for definitions of "appointed land", "joint management plan", "Parks Victoria land record", and "Secretary" (s 3). Land management plans under s 46 do not have effect to the extent a joint management plan under that Act is in effect for appointed land of a Traditional Owner Land Management Board (s 46(5)). The Act also references the Traditional Owner Settlement Act 2010 for the definition of "traditional owner group entity" and recognition and settlement agreements (s 3). The Aboriginal Heritage Act 2006 is referenced in the definition of "specified aboriginal party" through the concept of a registered Aboriginal party (s 3). The Act interacts with the Financial Management Act 1994: s 9 of that Act does not apply to grants or donations accepted by Parks Victoria (s 5(5)), and Parks Victoria must report annually under s 45 of that Act (ss 15(b), 37(2)). The Act also references the Public Administration Act 2004 for employment of staff and for processes regarding pecuniary interest declarations by members (ss 13(1)(e), 21(d)). The Marine Safety Act 2010 and Port Management Act 1995 are referenced in the note to s 8 and in transitional provisions (s 54(1)(f)). The Wildlife Act 1975 is referenced in the delegation provision for permits (s 13(3)). The Act's transitional provisions interact with the State Superannuation Act 1988 (s 55(8)). Finally, the Act implicitly interacts with the common law and principles of Crown liability because Parks Victoria represents the Crown (s 6). The Act does not contain a provision excluding Crown liability, so Parks Victoria may be subject to tortious and contractual claims.

Amendment history

The Parks Victoria Act 2018 (No. 19 of 2018) received assent on 5 June 2018 and came into operation on 12 September 2018 (Special Gazette No. 386 of 21 August 2018 page 1). The Act itself repealed the Parks Victoria Act 1998 (s 53) and originally included Parts 5 to 13 (ss 56‑253), which were themselves repealed on 1 November 2019 by s 253 of the Act. Since its commencement, the Act has been amended by five subsequent Acts. The Great Ocean Road and Environs Protection Act 2020 (No. 19 of 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 (s 102), inserted s 10A imposing obligations regarding the Great Ocean Road region (s 103), and inserted s 46(4A) requiring regard to the approved Great Ocean Road strategic framework plan when making land management plans for land in the Great Ocean Road region (s 104). These provisions commenced on 1 December 2020 (s 2(2) of that Act). The Parks and Crown Land Legislation Amendment Act 2020 (No. 40 of 2020) amended s 8(1)(i) to expand Parks Victoria's agency role (s 113) and inserted s 33(3) to allow expedited processing of statements of obligations if Parks Victoria advises that its submission will be the only one (s 114). These provisions commenced on 15 December 2020 (Special Gazette No. 666 of 15 December 2020 page 1). The Great Ocean Road and Environs Protection Amendment Act 2021 (No. 42 of 2021) amended the definition of "Parks Victoria managed land" in s 3 by adding the exclusion for land controlled and managed by the Great Ocean Road Coast and Parks Authority (s 150). This amendment commenced on 1 September 2022 (s 2(2) of that Act). The Suburban Rail Loop Act 2021 (No. 43 of 2021) substituted s 10(2) to add an exception for Suburban Rail Loop projects (Sch. 1 item 9, s 219). This amendment commenced on 1 December 2021 (Special Gazette No. 649 of 23 November 2021 page 1). The most recent amendment is the Statute Law Revision Act 2025 (No. 41 of 2025), which amended s 11(7) to update the reference from "Department of Environment, Land, Water and Planning" to "Department of Energy, Environment and Climate Action" (Sch. 2 item 20, s 4). This amendment commenced on 22 October 2025 (s 2 of that Act). The version incorporating all these amendments is Version No. 007, current as at 22 October 2025. The Act has been the subject of no further amendment bills recorded in the supplied source material.

Litigation history

The text of the Parks Victoria Act 2018 as provided does not contain any reference to litigation, court cases, or judicial decisions. The Act itself is a statutory instrument and does not include a commentary on its litigation history. The endnotes and explanatory details do not list any cases. Therefore, from the source alone, there is no litigation history that can be reported. It is possible that cases have been decided under the Act, but the Act's text does not record them. The Act does contain provisions that could give rise to litigation. For example, s 22 provides that an act or decision of Parks Victoria is not invalid merely because of a defect or irregularity in the appointment of a member or a vacancy in membership. This section may have been litigated in the context of challenges to administrative decisions by Parks Victoria. Similarly, the duty to consult specified aboriginal parties (ss 40, 44, 48, 51) could potentially give rise to judicial review proceedings if consultation is alleged to be inadequate. The duty not to act inconsistently with the Yarra Strategic Plan (s 10) or the Great Ocean Road strategic framework plan (s 10A) could be enforced through declaratory or injunctive relief. Compliance with statements of obligations (s 37) is mandatory, and breach could lead to proceedings. However, the source material provides no information about any such cases. The transitional provisions (Part 4) could have been the subject of disputes regarding transfer of assets or staff entitlements, but again no case law is cited. The validity of ministerial directions under s 14 could be challenged if the 14‑day notice requirement (s 14(2)) is not complied with, or if the direction exceeds the scope of the Minister's power. The power of the Minister to remove a member on the ground that the person is no longer suitable (s 21(f)) is broadly worded and might be susceptible to challenge on procedural fairness grounds. The delegation provisions (s 13) could be litigated concerning the delegate's authority. Because the source does not provide any case names or judicial interpretations, this section cannot elaborate further. Practitioners should be aware that the absence of recorded litigation in the Act itself does not mean no cases exist; research in court databases would be necessary to identify any relevant decisions.

Gotchas

Several provisions of the Parks Victoria Act 2018 contain nuances that could trip up practitioners. First, the duty of Parks Victoria in relation to Yarra River land under s 10(1) appears absolute (must not act inconsistently with binding parts of the Yarra Strategic Plan) but is subject to a significant carve‑out: the duty does not apply to declared projects under the Major Transport Projects Facilitation Act 2009 or to Suburban Rail Loop projects under the Suburban Rail Loop Act 2021 (s 10(2)). Similarly, the Great Ocean Road obligations in s 10A(1) do not apply to declared major transport projects (s 10A(2)). These exceptions mean that major infrastructure projects override the planning protections otherwise binding on Parks Victoria. Second, the definition of "Parks Victoria managed land" excludes land controlled and managed by the Great Ocean Road Coast and Parks Authority under the Great Ocean Road and Environs Protection Act 2020 or s 16C(1) of the National Parks Act 1975 (s 3). This creates a gap in the land that Parks Victoria controls, and boundary issues may arise if land is transferred between authorities. Third, s 46(5) provides that a land management plan under s 46 does not have effect to the extent that a joint management plan is in effect for appointed land of a Traditional Owner Land Management Board. This means that for such land, the joint management plan prevails over Parks Victoria's plan if there is any inconsistency. Fourth, the Minister may direct Parks Victoria to amend a corporate planning document at any time, and Parks Victoria must comply (s 29(5)‑(6)). This gives the Minister substantial control over Parks Victoria's internal planning. Fifth, the power of the Minister to give directions under s 14 requires at least 14 days notice of the proposal before giving the direction (s 14(2)), but there is no exception for urgency. A direction given without the requisite notice may be vulnerable. Sixth, the process for making or varying a statement of obligations requires the Minister to give Parks Victoria at least 28 days to make submissions, but this period can be shortened if Parks Victoria advises that its submission will be the only one (s 33(3)). And the requirement does not apply to amendments of a machinery, declaratory or minor technical nature (s 33(2)). This means significant obligations can be imposed without substantive consultation if the Minister characterises the amendment as minor. Seventh, the land management strategy and amendments must be consistent with legislation and government policies (s 38(2)), but the Act does not define which government policies apply. This creates ambiguity. Eighth, the land management plan review period is 15 years (s 51(1)), which is a long cycle; plans may become outdated. Ninth, the Act does not prescribe any penalty for Parks Victoria failing to comply with a statement of obligations; the only apparent remedy is ministerial direction or public accountability through annual reporting. This soft enforcement may raise concerns for stakeholders. Tenth, the transitional provisions (Part 4) automatically transfer staff, assets and liabilities from the old body to the new body, but employees are not entitled to any payment or benefit merely because they ceased to be employees of the old body (s 55(4)). This could be a surprise for employees expecting redundancy. Eleventh, the Act provides that Parks Victoria must have regard to its objects (s 7(2)), but "have regard to" is a weaker duty than "must comply with", and could be satisfied by mere consideration. Finally, s 22 protects decisions from invalidity due to appointment defects; this could shield otherwise flawed decisions from challenge.

How to comply

Compliance with the Parks Victoria Act 2018 primarily falls on Parks Victoria itself, as the body created by the Act. To comply, Parks Victoria must take the following concrete steps. First, it must ensure it is properly constituted with 5 to 9 members appointed by the Governor in Council, including at least one person with conservation skills and one with financial management skills (s 16). Members must be appointed for terms not exceeding 4 years (s 18) and must avoid circumstances that would cause a vacancy, such as insolvency, conviction for an indictable offence, or absence from two consecutive meetings without approval (s 19). Parks Victoria must establish and maintain a common seal (s 5(3)), keep minutes of meetings (s 23(6)), and may adopt procedures for resolutions without meetings (s 24). Second, Parks Victoria must prepare a land management strategy within 2 years of the Act's commencement (which occurred in 2018, so this should already be in effect) and thereafter review it at least every 10 years (s 44). The strategy must be consistent with applicable legislation and government policies and must address any matters in ministerial directions or statements of obligations (s 38(2)). In preparing or amending the strategy, Parks Victoria must consult with affected departments, specified aboriginal parties, and the public, by publishing a draft for at least 28 days, publishing a newspaper notice, and having regard to submissions (s 40). The Minister must approve the strategy, and Parks Victoria must publish it on its website and gazette notice of approval (ss 41, 42). Third, Parks Victoria may make land management plans for specific areas (s 46), and must review each plan every 15 years (s 51). The same consultation process applies (s 48). Plans must be consistent with legislation and government policies and must have regard to the land management strategy (s 46(2)‑(3)). For Yarra River land, plans must also have regard to the Yarra Strategic Plan (s 46(4)), and for Great Ocean Road region land, to the approved Great Ocean Road strategic framework plan (s 46(4A)). Joint management plans for appointed land of Traditional Owner Land Management Boards take precedence over Parks Victoria's plans (s 46(5)). Fourth, Parks Victoria must comply with any statement of obligations issued by the Minister (s 37(1)) and include a compliance statement in its annual report (s 37(2)). It must also comply with ministerial directions under s 14 (s 14(3)) and publish those directions on its website and summarise them in its annual report (s 15). Fifth, if the Minister requests a corporate planning document, Parks Victoria must prepare it by the specified date and in the specified form (s 29). It must comply with any ministerial direction to amend such a document (s 29(5)‑(6)). Sixth, Parks Victoria must immediately notify the Minister if matters arise that may prevent or significantly affect the achievement of its objects or financial targets in a corporate planning document (s 30). Seventh, in performing functions in relation to Yarra River land and the Great Ocean Road region, Parks Victoria must ensure it does not act inconsistently with binding parts of the relevant statutory plans and must have regard to protection principles and non‑binding parts, except for declared major transport and Suburban Rail Loop projects (ss 10, 10A). Eighth, Parks Victoria may delegate certain powers, but must do so by instrument and must comply with limits on delegation (s 13). It may enter into agreements for fire and emergency services and other services only after obtaining ministerial approval where required (ss 11, 12). Ninth, it must keep accurate land records (the Parks Victoria land record under the Conservation, Forests and Lands Act 1987). Tenth, it must ensure its employees perform any fire and emergency duties determined by the Secretary (s 28(2)). Finally, Parks Victoria should maintain its website for publication of all required documents and ensure that its annual report includes the required content about directions and statements of obligations.