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
Section 1 - Parks Victoria Act 2018 - Parks Victoria Act 2018 | Zoe
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 approvedGreat 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;
(c) a business 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 Act1987;
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 Act2010 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
(c) may sue and be sued in its corporate name; 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
(c) provide for and encourage the community's enjoyment of and involvement 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
(c) acting as the port manager of a local port under the Port Management Act 1995, when appointed as such a manager.
(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
(c) another country.
(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
(c) another country.
(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
(c) another country.
(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;
(c) the chief executive officer or an employee or class of employee of Parks Victoria;
(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 Act1975;
(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
(c) at least one person who has skills and experience in financial management.
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
(c) is absent from 2 consecutive meetings of Parks Victoria without the approval of Parks Victoria; 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
(c) if the member engages in improper conduct; 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
(c) the appointment had ceased to have effect; 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
(c) any function of Parks Victoria.
(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;
(c) performance standards and outcomes;
(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
(c) have regard to any submissions made by Parks Victoria under paragraph (b).
(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
(c) a notice of revocation of a statement of obligations as issued under section 34(3).
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
(c) at any other time if so directed by the Minister.
(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
(c) only make amendments of a machinery, declaratory or minor technical nature to the plan.
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.