Victorian Plantations Corporation Act 1993

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to confer additional functions and powers on the Victorian Plantations Corporation, a State body established under the State Owned Enterprises Act 1992 and to make further provision for the management of plantations.

2 Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

3 Definitions

In this Act—

Corporation means the Victorian Plantations Corporation established as a State body by Order of the Governor in Council published in the Government Gazette on 13 May 1993[1];

S. 3 def. of Director-General repealed by No. 76/1998
s. 17(1)(a).

S. 3 def. of forest produce amended by Nos 67/1995 s. 58(Sch. 1 item 15.1), 63/2006 s. 61(Sch. item 33.1), 6/2009 s. 58(1).

forest produce means—

(a) vegetation of any kind, whether living or dead; or

(b) any produce or substance derived from vegetation; or

s. 3

(c) stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

(d) honey or beeswax—

but does not include a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990;

freehold land means land granted to or acquired by the Corporation under Division 2 of Part 3;

S. 3 def. of key diagram inserted by No. 92/1994 s. 4.

key diagram means any one of the plans numbered LEGL/93-179/1 to
LEGL/93-182/1 in Schedule 1;

managed land means land to which Division 3 of Part 3 applies;

road includes—

(a) Crown land proclaimed or reserved as a road under any Act; or

(b) Crown land shown as a road on a map or plan lodged in the Central Plan Office—

irrespective of whether the road is, or is not, used or is, or is not, formed or sealed;

S. 3 def. of Secretary inserted by No. 76/1998
s. 17(1)(b).

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

vested land means land vested in the Corporation under Division 1 of Part 3.

s. 3

Part 2—The Corporation

4 Additional management powers

s. 4

Without limiting the generality of other powers conferred on the Corporation—

(a) the Corporation may—

(i) be a member of a body corporate, association, partnership, trust or other body; or

(ii) form, or participate in the formation of, a body corporate, association, partnership, trust or other body; or

(iii) enter into a joint venture with another person or other persons;

(b) the Corporation may—

(i) accept gifts, grants, bequests and devises;

(ii) act as trustee.

5 Additional powers relating to plantations

The powers of the Corporation include the following—

(a) to take or convert or permit the taking or conversion of forest produce from freehold land, managed land or vested land;

(b) to sell or otherwise dispose of forest produce which it takes;

(c) to charge royalties, rent or fees for—

(i) forest produce that the Corporation permits to be taken; or

(ii) leases, licences, permits or other authorities granted by the Corporation; or

(iii) services provided by the Corporation.

S. 5A
s. 4.

5A Application of State Owned Enterprises Act 1992 to Corporation

s. 5A

Despite anything to the contrary in the State Owned Enterprises Act 1992—

(a) the board of directors of the Corporation may consist of 2, 3 or 4 directors; and

(b) if the Treasurer so determines, the board is not required to prepare a corporate plan in respect of a year; and

(c) sections 22 and 34 of that Act apply as if a reference in those sections to 2 or more directors were a reference to one or more directors.

S. 6
amended by Nos 46/1998
s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item 140.1).

6 Arrangements with Secretary[[2]](#endnote-3)

The Corporation and the Secretary may enter into agreements or arrangements, including agreements or arrangements relating to—

(a) the supply of goods or services;

(b) the prevention and suppression of fire.

Part 3—Plantations

Division 1—Vested land

7 Interpretation of plans

s. 7

S. 7(1) amended by No. 92/1994 s. 5(a)(i)(ii).

(1) If an area shown on a plan referred to in Schedule 1 other than a key diagram is shown or described in that plan or on any of the key diagrams as extending over two or more plans, the boundaries of that area for the purposes of this Division must be taken to be the boundary shown on all the plans over which the area extends, and for that purpose those plans must be read as one plan.

S. 7(2) amended by No. 92/1994 s. 5(b)(i).

(2) For the purpose of area identification, the particular areas shown on plans referred to in Schedule 1 other than the key diagrams are—

S. 7(2)(a) amended by No. 92/1994 s. 5(b)(ii).

(a) generally described and shown bounded by broken lines and joined dotted lines on plan No. LEGL/93–182/1, in the case of Strzelecki Plantations; and

S. 7(2)(b) amended by No. 92/1994 s. 5(b)(iii).

(b) generally described and shown coloured black on plans LEGL/93–179/1 to
LEGL/93–181/1, in the case of the other plantations.

8 Vesting of Schedule 1 plantations

(1) By force of this section, the following land vests in the Corporation—

(a) the land bordered in red on the plans listed in Schedule 1, excluding the lands coloured yellow and bordered in blue on those plans;

(b) the land bordered in green on plan
LEGL/93–12;

(c) the land bordered in green on plan
LEGL/93–120;

(d) the land coloured brown on plans
LEGL/93–158, LEGL/93–159,
LEGL/93–162 and LEGL/93–169.

(2) By force of this section, the land referred to in subsection (1)(b) ceases to be a national park.

(3) By force of this section, the land referred to in subsection (1)(c) ceases to be a State park.

(4) By force of this section, the land referred to in subsection (1)(d) is divested from the Public Transport Corporation.

S. 8A

8A Further vesting of plantations

s. 8A

(1) By force of this section—

(a) upon a plan being listed in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan, vests in the Corporation; and

(b) upon a plan being substituted in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan which is not already vested in the Corporation, vests in the Corporation.

(2) By force of this section, upon plans
LEGL/93-14/1, LEGL/93-158/1, LEGL/93-162/1 and LEGL/93-169/1 being substituted in Schedule 1, land coloured brown on those plans divests from the Public Transport Corporation and vests in the Corporation.

S. 8B

8B Divesting of land from the Corporation

s. 8B

(1) By force of this section—

(a) upon plans LEGL/93-16/1, LEGL/93-113/1, LEGL/93-125/1, LEGL/93-128/1,
LEGL/93-130/1, LEGL/93-131/1,
LEGL/93-132/1, LEGL/93-133/1, and LEGL/93-134/1 being substituted in Schedule 1, land coloured pink on the plans divests from the Corporation and reverts to the Crown as unalienated Crown land; and

(b) upon plans LEGL/93-16/1, LEGL/93-40/1, LEGL/93-78/1, LEGL/93-125/1,
LEGL/93-127/1, LEGL/93-132/1,
LEGL/93-137/1 and LEGL/93-142/1 being substituted in Schedule 1, land coloured green on those plans divests from the Corporation and reverts to the Crown and is deemed to be reserved forest; and

(c) upon plans LEGL/93-124/1 and
LEGL/93-132/1 being substituted in Schedule 1, land coloured light blue on those plans divests from the Corporation and reverts to the Crown and is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for public purposes; and

(d) upon plan LEGL/93-132/1 being substituted in Schedule 1, the whole of the interest of the Corporation in land coloured golden brown on the plan vests in the Government Employee Housing Authority established under the Government Employee Housing Authority Act 1981.

S. 8C

8C Land deemed never to have been vested

s. 8C

Land coloured grey upon plans LEGL/93-22/1, LEGL/93-90/1, LEGL/93-91/1, LEGL/93-94/1, LEGL/93-100/1 and LEGL/93-108/1 listed in Schedule 1 is deemed never to have been vested in the Corporation and any folio of the Register kept under the Transfer of Land Act 1958 and any registered interest or dealing with respect to that land is as effective and is deemed always to have been as effective as if that land had never been vested in the Corporation.

S. 8D

8D Saving of status of land

Except as otherwise provided for in the amendments made to this Act by the Victorian Plantations Corporation (Amendment) Act 1994, the substitution of a plan in Schedule 1 by that Act does not affect the status of any land identified on the plan.

S. 8E
s. 5, amended by No. 74/2000 s. 3(Sch. 1 item 140.2).

8E Closure of roads

By force of this section, on the commencement of section 5 of the Victorian Plantations Corporation (Amendment) Act 1998—

(a) the following lands are closed as roads—

(i) the land coloured yellow on the plans listed in Part 1 of Schedule 5; and

(ii) the land coloured purple on plan LEGL/98-16 lodged at the Central Plan Office under the Survey Co‑ordination Act 1958; and

(iii) the land shown hatched on the plans listed in Part 2 of Schedule 5; and

(b) all rights, easements and privileges (existing or claimed in the land by the public or by any body or person as incident to any express or implied grant or past or supposed dedication or by user, operation of law or otherwise) cease; and

(c) the land is deemed to be unalienated land of the Crown and is discharged from any reservation affecting it; and

(d) the land vests in the Corporation.

S. 8F

8F Divesting of land from Corporation

s. 8F

By force of this section, upon the commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, land in a Crown Allotment listed in Schedule 6 on a certified plan listed in that Schedule divests from the Corporation and reverts to the Crown as unalienated Crown land.

S. 8G

8G Removal of reservations

(1) This section applies to—

(a) the land shown hatched on a plan listed in Part 1 of Schedule 7; and

(b) the land in each Crown Allotment listed in Part 2 of Schedule 7 on a certified plan listed in that Part of that Schedule; and

(c) the land coloured red on plans LEGL/97-175 and LEGL/98-16 lodged at the Central Plan Office under the Survey Co-ordination Act 1958; and

(d) the land described on certified plans CP 117826 and CP 117803 lodged at the Central Plan Office under the Survey Co‑ordination Act 1958.

(2) By force of this section, upon the commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, the land to which this section applies*—*

(a) ceases to be subject to any permanent or temporary reservation applying to it under the Crown Land (Reserves) Act 1978; and

(b) ceases to be reserved forest; and

(c) except as otherwise provided in this Act, ceases to be subject to the Forests Act 1958; and

(d) is deemed to be unalienated land of the Crown.

S. 8H

8H Additional vesting of plantations

s. 8H

(1) By force of this section, upon the commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, land in a Crown Allotment listed in Schedule 8 on a certified plan listed in that Schedule which is not already vested in the Corporation, vests in the Corporation.

(2) In determining the land in a Crown Allotment for the purposes of subsection (1), any notation on a certified plan listed in Schedule 8 to the effect that the plan is subject to road closures or subject to divestment from the Corporation or subject to the excision of land or subject to the creation of an easement (however described) is to be disregarded.

9 Consequences of vesting

(1) On its vesting in the Corporation under this Division, vested land—

(a) ceases to be subject to any permanent or temporary reservation applying to it under the Crown Land (Reserves) Act 1978;

(b) ceases to be reserved forest;

(c) except as otherwise provided in this Act, ceases to be subject to the Forests Act 1958.

(2) This section does not—

(a) affect the continuity of status or effect of any lease, licence, permit or authority existing over vested land immediately before its vesting under this Division; or

S. 9(2)(b) amended by Nos 67/1995 s. 58(Sch. 1 item 15.2), 96/1998 s. 257(6), 7/2005 s. 174(a), 63/2006 s. 61(Sch. item 33.2), 61/2008 s. 322, 6/2009 s. 58(2).

(b) affect the operation of the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, Petroleum Act 1998, Mineral Resources (Sustainable Development) Act 1990 or the Water Act 1989; or

(c) bring vested land under the operation of the Transfer of Land Act 1958; or

s. 9

(d) prevent the issue of a Crown grant for vested land under Division 2; or

(e) affect any easement, interest, right, power or privilege existing over the vested land immediately before its vesting under this Division in favour of a body corporate created under an Act or an Act of the Commonwealth and relating to drainage, telephone or other communications, or the supply of electricity or gas.

(3) A lease, licence, permit or authority referred to in subsection (2)(a) must be taken to have been granted by the Corporation, and, in relation to any period on or after the commencement of this section, a reference (however expressed) to the grantor of the lease, licence, permit or authority must be taken to be a reference to the Corporation.

S. 9(3A) inserted by No. 35/1998
s. 7.

(3A) Section 4(1) of the Crown Land (Reserves) Act 1978 does not apply to vested land.

(4) Subject to this Division, the Corporation has the same rights and remedies in relation to the entry of persons on to vested land as it would have if it were the owner of that land.

10 Access through Crown land

s. 10

S. 10(1) amended by No. 76/1998

(1) The Secretary must grant to the Corporation those rights over Crown land that are necessary to give the Corporation reasonable access to vested land.

(2) Subsection (1) applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or in any Order under that Act.

S. 11 amended by No. 76/1998

11 Access through vested land

The Corporation must grant to the Minister or the Secretary (as the case requires) those rights over vested land that are necessary to give reasonable access through that land to—

(a) Crown land; or

(b) land bordered in purple and shown by hatching on a plan referred to in Schedule 1; or

S. 11(c) amended by No. 92/1994 s. 7(a)(b).

(c) land bordered in blue on the plans referred to in Schedule 1 and numbered LEGL/93–29 and LEGL/93–100/1.

12 Access to other land

(1) The Corporation must grant to a person or body listed in Column 1 of an item in Schedule 2 those rights over vested land that are necessary to give reasonable access to the land listed in Column 2 of that item.

S. 12(2) substituted by No. 85/1998 s. 24(Sch. item 64.1).

(2) The rights may be recorded in the Register under the Transfer of Land Act 1958.

S. 12(3) repealed by No. 85/1998 s. 24(Sch. item 64.1).

13 Access generally

s. 13

(1) An access right under section 10, 11 or 12 may be granted by way of lease, licence or permit or in any other way agreed between the person granting the right and the person to whom it is granted.

(2) The nature and extent of that access right must be determined by agreement between the person granting the right and the person to whom it is granted or, failing that agreement, by the Minister.

(3) If the Minister determines the nature and extent of an access right, the Minister may give any directions to the person who is to grant the right that the Minister considers necessary to implement that determination, and that person must comply with that direction.

(4) An access right may be granted with or without fee or other consideration.

(5) In determining the nature and extent of an access right, the factors which must be considered include, but are not limited to—

(a) whether there is a usable road giving practicable access;

(b) the means of access existing before the land became vested land;

(c) the use of the land over which access is proposed;

(d) whether the land to which access is required is wholly or partially surrounded by the land through which access is to be given.

(6) An access right is also exercisable by the servants, agents or invitees of the person granted the right and by any person with a lease, licence, permit or authority over the land to which access is required.

S. 13A inserted by No. 92/1994 s. 8.

13A Rights under easements over private land extended to Corporation

s. 13A

(1) In instrument number 1671165 lodged in the Office of Titles, a reference to His Majesty King George VI is deemed to include a reference to the Corporation.

(2) In Crown Grant Volume 7924 Folio 057, a reference to the Forests Commission is deemed to include a reference to the Corporation.

(3) In instrument number 1636036 lodged in the Office of Titles, a reference to His Majesty King Edward VIII is deemed to include a reference to the Corporation.

14 Powers over roads

(1) For the purposes of carrying out its functions and powers the Corporation—

(a) may construct roads on freehold land or vested land or, with the consent of the land manager under Division 3, managed land;

(b) may temporarily close to traffic roads on any of that land.

(2) On the recommendation of the Minister after consultation with the Corporation, the Governor in Council, under section 25(3)(c) of the Land Act 1958, may proclaim any vested land or managed land to be a road and that paragraph and section 25(4) of that Act apply to that land as if those provisions referred to vested land or managed land instead of Crown land.

(3) On the recommendation of the Minister after consultation with the Corporation and, in the case of managed land, with the consent of the land manager, the Governor in Council, by Order published in the Government Gazette may declare that the whole or any part of a road on—

(a) land coloured yellow on a plan referred to in Schedule 1; or

(b) managed land—

is closed as a road.

s. 14

(4) On the date of publication of the Order in the Government Gazette—

(a) the land to which the Order relates is closed as a road; and

(b) all rights, easements and privileges (existing or claimed by the public or by any body or person as incident to any express or implied grant or past or supposed dedication or by user, operation of law or otherwise) cease; and

(c) the land is deemed to be unalienated land of the Crown and is discharged from any reservation affecting it; and

(d) to the extent (if any) indicated in the Order, the land vests in the Corporation.

(5) The powers in this section are in addition to and do not take away from any other powers to construct or close roads.

S. 14(6) amended by No. 12/2004 s. 169.

(6) This section does not apply to a freeway or an arterial road within the meaning of the Road Management Act 2004.

15 Secretary's powers concerning timber harvesting

s. 15

S. 15(1) amended by No. 76/1998

(1) For the purposes of complying with sections 52A to 52C of the Forests Act 1958, the Secretary—

(a) may enter land bordered in purple and shown by hatching on the plans referred to in Schedule 1;

(b) may take, sell or otherwise dispose of forest produce from that land;

(c) may grant licences or permits over that land under the Forests Act 1958 as if the land were reserved forest.

(2) For the purposes of sections 52A to 52E and the Third Schedule of the Forests Act 1958, the land referred to in subsection (1)(a) must be taken to be State forest.

(3) Subsections (1) and (2) cease to apply on the day after the date of expiry of the timber supply period which began on 1 July 1991.

S. 15(4) amended by No. 76/1998
s. 17(4).

(4) Despite subsection (3) a licence or permit granted in accordance with provisions applied by subsections (1) and (2) and in force immediately before subsections (1) and (2) cease to apply, has effect from the date referred to in subsection (3) as if granted by the Corporation, and as if any reference in the licence or permit to the Secretary were a reference to the Corporation;

S. 15(5) amended by No. 76/1998

(5) For the purpose of the provisions applied by subsections (1) and (2), the Secretary may charge and collect royalties and fees as if the forest produce concerned were owned by the Crown, and no royalties are payable by the Secretary to the Corporation for the taking of that forest produce.

(6) In this section, timber supply period has the same meaning as in the Forests Act 1958.

S. 15(7) inserted by No. 48/2004
s. 138(1).

(7) Despite the repeal of the definition of timber supply period in the Forests Act 1958, sections 52A to 52F of that Act and the Third Schedule to that Act by section 109 of the Sustainable Forests (Timber) Act 2004, for the purposes of this section, that definition, those sections and that Schedule continue to have effect as if they had not been repealed.

Division 2—Acquisition and disposal of land

16 Surrender or transfer of land

s. 16

(1) The Corporation may, with the approval of the Minister, surrender to the Crown any interest in—

(a) any freehold land or vested land; or

(b) any managed land that is Crown land.

(2) Without limiting subsection (1), the Corporation is an Authority for the purposes of the surrender, exchange or transfer of land under section 22A of the Land Act 1958.

17 Vested land may revert to the Crown

(1) If the Minister considers that vested land—

(a) is no longer suitable for plantations; or

(b) should revert to the Crown to enable it to be granted to the Corporation—

the Minister may recommend to the Governor in Council that the land should revert to the Crown.

(2) On the Minister's recommendation under subsection (1), the Governor in Council, by Order published in the Government Gazette, may divest the land from the Corporation and revest it in the Crown.

S. 17(3) amended by No. 76/1998

(3) An Order under subsection (2) does not affect any lease, licence, permit or other authority existing over the land immediately before the date of publication of the Order, but from that date that lease, licence, permit or authority has effect as if granted by the Secretary.

S. 17A inserted by No. 92/1994 s. 9.

17A Land which is to revert to the Crown

s. 17A

(1) On 1 January 2015, or, if the Minister and the Corporation agree on an earlier date, on that date, land bordered in red on plans LEGL/94-10 and LEGL/94-13 is divested from the Corporation and reverts to the Crown as unalienated Crown land.

S. 17A(2) amended by No. 76/1998

(2) Upon the completion of the final harvest of the plantation on the land bordered in red on plans LEGL/94-10 and LEGL/94-13—

(a) the land from which the timber has been harvested must be treated to a sufficient extent to enable the successful seeding of eucalypt species native to the general locality; and

(b) that land must be seeded with such species—

to the standard agreed upon between the Corporation and the Secretary.

18 Issue of Crown grant

(1) The Governor in Council, on behalf of the Crown, may grant to the Corporation for an estate in fee simple—

(a) any unalienated Crown land that is not reserved under the Crown Land (Reserves) Act 1978 and is not State forest within the meaning of the Forests Act 1958; or

(b) any land that reverts or is surrendered to the Crown under this Division.

(2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.

(3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.

19 Acquisition of interests in land

s. 19

(1) For the purposes of carrying out its functions and powers, the Corporation may acquire any interest, right or privilege in land otherwise than by compulsory process.

(2) An interest, right or privilege in land may be acquired under subsection (1) with or without consideration.

20 Disposal of interest in land

(1) The Corporation may sell or otherwise dispose of any interest, right or privilege in freehold land on any terms and conditions it thinks fit.

(2) For the purposes of this Act, the Corporation may grant leases, licences or permits over vested land.

Division 3—Managed land

21 General management powers

S. 21(1) amended by No. 76/1998

(1) The Secretary may lease to the Corporation any Crown land (whether or not reserved under the Crown Land (Reserves) Act 1978) on any terms and conditions that the Secretary may determine.

(2) A public statutory authority may lease to the Corporation any land vested in it and not immediately required for its purposes on any terms and conditions it may determine.

(3) Subject to any lease under subsection (1) or (2)—

(a) the Corporation must manage the land as if it were vested land; and

(b) without limiting its other powers, the Corporation has over that land the same powers as the land manager has; and

(c) the Corporation is entitled to receive and retain for its own use any fees, charges or royalties payable in respect of the land or any forest produce on the land as if it were the land manager, and is not liable to account to the land manager for that money.

(4) Unless a lease under this section otherwise expressly provides, any relevant law (within the meaning of the Conservation, Forests and Lands Act 1987) applying to Crown land immediately before it is leased under this section continues to apply.

(5) In this section land manager means a lessor of land under subsection (1) or (2).

Division 4—General

22 Property in forest produce

s. 22

(1) The Corporation owns forest produce on freehold land and vested land.

(2) Property in forest produce owned by the Corporation passes from the Corporation to a person authorised to take the produce when the produce is taken in accordance with that authority and any appropriate royalty is paid.

23 Application of Forests Act 1958

S. 23(1) amended by No. 48/2004
s. 138(2).

(1) Sections 54, 74 to 76, 78 to 80, 82 to 84 and 97 of the Forests Act 1958, and any regulations having effect for the purposes of those sections, apply to freehold land and vested land as if—

(a) they referred to freehold land or vested land instead of to reserved forest, protected forest or forest; and

S. 23(1)(b) amended by No. 76/1998

(b) they referred to the Corporation instead of to the Secretary or the Crown—

and as if a reference in those sections to "this Act" were a reference to the Victorian Plantations Corporation Act 1993.

(2) If a provision of this Act is inconsistent with a provision applied by subsection (1), the provision of this Act prevails.

24 Taking forest produce without authority

s. 23

(1) A person must not take forest produce owned by the Corporation except in accordance with this Act and with a lease, licence permit or other authority authorising that taking.

1. 50 penalty units or imprisonment for 12 months, or both.

(2) Forest produce must be taken in accordance with any relevant approved code of practice under Part 5 of the Conservation, Forests and Lands Act 1987.

25 Notice of timber harvesting proposals

(1) Before taking, or permitting the taking, of forest produce from land to which a planning scheme applies, the Corporation must give written notice of its proposal to—

(a) the municipal council, if the land is in a municipal district; or

(b) in any other case, the Minister administering the Planning and Environment Act 1987.

S. 25(2) amended by No. 76/1998

(2) Before taking, or permitting the taking of, forest produce from land to which a planning scheme does not apply, the Corporation must give written notice of its proposal to the Secretary.

S. 25(3) amended by No. 76/1998

(3) The Corporation must take into account comments on a proposal received from the Secretary not later than 28 days after notice of the proposal was given under subsection (2).

26 Application of mineral resources legislation

s. 25

S. 26(1) amended by Nos 67/1995 s. 58(Sch. 1 item 15.2), 96/1998 s. 257(6), 7/2005 s. 174(b), 63/2006 s. 61(Sch. item 33.2), 61/2008 s. 322, 6/2009 s. 58(3).

(1) Operations under the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 that involve the taking of forest produce are not to be carried out on vested land or managed land except with the Corporation's consent and on any terms or conditions that it imposes.

(2) A person dissatisfied with a refusal of consent or a term or condition imposed under subsection (1) may appeal to the Premier, who may review the matter and may confirm, vary or quash the original decision or make a decision in substitution for it.

27 No compensation payable by Crown or Corporation

s. 27

No compensation is payable by the Crown or the Corporation in respect of—

(a) the vesting or divesting of land under Division 1; or

(b) the divesting of land under Division 2; or

(c) the revocation of a reservation or the closure of a road under this Part.

Pt. 3A (Heading and ss 27A–27T) inserted by No. 35/1998

Part 3A—Plantation Licences

Division 1—Definitions

S. 27A inserted by No. 35/1998

27A Definitions

s. 27A

In this Part—

plantation purposes means—

(a) the establishment, maintenance or management of a timber plantation; and

(b) the taking or conversion of forest produce—

and the doing of any thing necessary or convenient to be done for or in connection with, or incidental to, paragraph (a) or (b);

licence means a licence granted under this Part;

licensed land means land which is subject to a licence;

licensee includes an assignee of an interest in a licence and any person to whom an interest in a licence comes by operation of law;

register means the register of plantation licences kept under this Part;

registered means registered in the register of plantation licences;

registrar means the registrar of plantation licences appointed under this Part;

S. 27A def. of Tribunal substituted by No. 52/1998
s. 311(Sch. 1 item 103.1).

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

Division 2—Licences

S. 27B inserted by No. 35/1998

27B Grant of licence for forestry business

s. 27B

(1) Without limiting section 20(2), the Corporation may grant a perpetual licence over all or any part of vested land—

(a) to establish, maintain and manage timber plantations on that land; and

(b) to take or convert forest produce on that land—

and to do all other things necessary or convenient to be done for or in connection with, or as incidental to, paragraph (a) or (b).

(2) Despite section 22, on the granting of a licence under this section over vested land, forest produce on that vested land becomes the property of the licensee.

(3) The Treasurer may give written directions to the Corporation in relation to the granting of a licence under this section.

(4) The Corporation must comply with a direction of the Treasurer under this section.

(5) A licence may be granted on any terms that are agreed between the Corporation and the person to whom it is granted, including terms setting out the circumstances in which the licence may be cancelled and terms providing for rights of access over the licensed land.

(6) The Corporation and a licensee may by agreement vary the terms of a licence.

(7) If a licence is cancelled or surrendered under this Act the ownership of the forest produce on the licensed land reverts to the Corporation.

S. 27C inserted by No. 35/1998

27C Assignment of licence

s. 27C

(1) A licensee may assign the whole or part of the licensee's interest in a licence in accordance with the terms of the licence.

(2) A licensee must give the Minister at least 28 days written notice before an assignment of the licensee's interest in a licence.

(3) Despite anything in any Act or law to the contrary, an assignment of part of a licensee's interest in a licence under this section is deemed not to be a subdivision of the land.

S. 27D inserted by No. 35/1998

27D Application of Act to licensee

(1) Sections 9(4), 10, 12 and 13 apply in relation to licensed land, as if in those sections a reference to the Corporation were a reference to the licensee.

(2) If a licence is granted in respect of land benefited by an easement referred to in section 13A, that section applies as if in that section a reference to the Corporation included a reference to the licensee.

(3) Sections 5(a), 11, 14, 16, 17, 20(2) and 26 do not apply to licensed land.

(4) If a licence is granted in respect of vested land to which section 17A applies—

(a) the licensee must ensure that on completion of the final harvest of the land before the land reverts to the Crown under that section—

(i) the land from which the timber has been harvested is treated to a sufficient extent to enable the successful seeding of eucalypt species native to the general locality; and

(ii) that land is seeded with those species; and

(b) the licence is cancelled to the extent that it relates to that land when the land reverts to the Crown under section 17A(1).

S. 27E inserted by No. 35/1998

27E Application of other enactments to licensee

s. 27E

(1) Despite anything to the contrary in the Water Act 1989, a licensee of licensed land is liable to pay rates, levies, fees, charges and costs under that Act as if—

(a) the land was not Crown land; and

(b) the licensee was the owner of the land.

(2) A licensee must comply with any relevant approved code of practice under Part 5 of the Conservation, Forests and Lands Act 1987 in relation to the licensed land and to forest produce on the licensed land as if the land was private land.

S. 27F inserted by No. 35/1998

27F Power of licensee to construct roads

A licensee may construct roads on licensed land.

S. 27G inserted by No. 35/1998

27G Issue of Crown grant on surrender of licence

(1) If vested land which was formerly licensed land is surrendered to the Crown under this Act, the Governor in Council, on behalf of the Crown, may grant that land to the former licensee of the land for an estate in fee simple.

(2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.

(3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.

S. 27H inserted by No. 35/1998

27H Cancellation of licence at request of licensee

s. 27H

(1) A licensee may apply to the Corporation for the cancellation of a licence as to the whole or part of the vested land to which the licence applies.

(2) The Corporation, with the approval of the Minister, may cancel the licence.

S. 27I

27I Cancellation of licence by Governor in Council

(1) If the Minister determines that vested land to which a licence applies is no longer used solely for plantation purposes, the Minister may recommend to the Governor in Council that the licence be cancelled to the extent that it applies to that land.

(2) The Minister must, at least 90 days before making a recommendation under subsection (1), give notice—

(a) to the licensee; and

(b) to any other person appearing from the register to have an interest in the licence or the forest produce on the licensed land.

(3) The notice must—

(a) set out the reasons for the proposed recommendation; and

(b) state that the person may make a submission to the Minister on the proposed recommendation within the period (not being less than 60 days after the date of the notice) set out in the notice; and

(c) state that if the recommendation is accepted the licence will be cancelled to the extent that it relates to the affected land.

(4) Before making a recommendation under subsection (1), the Minister must give an opportunity to be heard to any person to whom a notice is given under subsection (2) who makes a submission within the period set out in the notice.

S. 27J

27J No compensation

s. 27J

No compensation is payable by the Crown or the Corporation in respect of the cancellation of a licence under this Part.

Division 3—Registrar and register

S. 27K inserted by No. 35/1998
s. 8, substituted by No. 46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1)(Sch. 3 item 227).

27K Appointment of registrar

There is to be a registrar of plantation licences employed under Part 3 of the Public Administration Act 2004.

S. 27L inserted by No. 35/1998

27L Functions of registrar

(1) The registrar must establish and maintain a register of plantation licences.

(2) The registrar must keep the register in the manner he or she considers appropriate.

(3) The registrar must register the following documents—

(a) licences granted under this Part;

(b) instruments of cancellation of licences;

(c) instruments for creating, assigning or affecting interests in, or conferred by, licences;

(d) instruments for the devolution of licences or interests in, or conferred by, licences;

(e) any document required under the Conservation, Forests and Lands Act 1987 to be registered on the register;

(f) any other prescribed documents.

(4) The registrar must—

(a) record in the register as the case requires the prescribed information contained in any document registered under subsection (3); and

(b) endorse on the document and in the register the date and time of registration; and

(c) record in the register any other information required under this Act or any other Act to be recorded in the register.

(5) The registrar may—

(a) approve forms of documents referred to in subsection (3) for registration; and

(b) register a document by registering either the original or a copy; and

(c) determine the form of an extract from the register.

(6) The registrar may refuse to accept for registration any document referred to in subsection (3) that does not contain the prescribed information or that is not in an approved form.

S. 27M inserted by No. 35/1998

27M Effect of registration

s. 27M

(1) A licence or an instrument of cancellation of a licence has no effect until it is registered.

(2) An instrument referred to in section 27L(3)(c) or (d) is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered.

(3) A licence when registered is not invalid only because of any defect or irregularity (other than one resulting from fraud) in any application or process leading up to the grant of the licence.

(4) The registrar must make sure that documents relating to the same licence are registered in the order in which they are lodged for registration.

(5) The approval or registration of a document does not give any right, interest or dealing that is evidenced by that document any force or effect that the right, interest or dealing would not have had if this Division had not been enacted.

S. 27N inserted by No. 35/1998

27N Creation etc. of interests in licences

s. 27N

A purported creation or assignment of an interest in, or conferred by, a licence, and any purported dealing affecting an interest in, or conferred by, a licence, has no effect until an instrument in a form approved by the registrar evidencing the creation, assignment or other dealing is registered.

S. 27O inserted by No. 35/1998

27O Devolution of rights of licensee

(1) The devolution of any rights under a licence, or any interest in, or conferred by, a licence, that would, but for this section, occur by operation of law has no effect until an instrument in a form approved by the registrar evidencing the devolution is registered.

(2) Subsection (1) applies despite anything in any Act or rule of law to the contrary.

S. 27P inserted by No. 35/1998

27P Correction of register

(1) The registrar may correct any error or omission in the register by—

(a) inserting an entry; or

(b) amending an entry; or

1. omitting an entry—

if he or she decides that the correction is necessary.

(2) The registrar may make the correction on his or her initiative or on the application of any person.

(3) The registrar must notify the licensee of any correction made under this section that affects the licence.

(4) A person whose interests are affected by a decision of the registrar about correcting the register may apply to the Tribunal for review of that decision.

S. 27P(4A) inserted by No. 52/1998
s. 311(Sch. 1 item 103.2).

(4A) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(5) The registrar must make any correction to the register that is necessary to implement the decision of the Tribunal.

S. 27Q inserted by No. 35/1998

27Q Disclosure of registered information

s. 27Q

(1) The registrar must—

(a) allow access at all reasonable times to the register; and

(b) provide information from the register recorded under section 27L(4); and

(c) provide a copy of a registered licence—

to any person who pays the prescribed fee (if any).

(2) The registrar may provide information to a prescribed person in connection with—

(a) the establishment of; or

(b) the operation of; or

(c) the satisfaction of enquiries to—

the integrated computerised information retrieval project, relating to information about land, its ownership and use, that is known as Landata.

S. 27R inserted by No. 35/1998

27R Survey standards

s. 27R

The registrar may, subject to the regulations, specify standards for surveys and the circumstances in which surveys must be carried out before documents will be registered.

S. 27S inserted by No. 35/1998

27S Evidence

A certificate purporting to be issued by the registrar certifying as to any matter that appears in or can be ascertained from the register or other records kept by the registrar under this Part is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

S. 27T inserted by No. 35/1998

27T Offence

A person must not knowingly make, or cause or allow to be made, a false or unauthorised entry in the register.

1. 100 penalty units.

Part 4—General

28 Assets and liabilities—personal property and vested land

s. 28

(1) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may transfer to the Corporation—

S. 28(1)(a) amended by No. 76/1998

(a) any personal property of the Crown or the Secretary that was used in connection with vested land immediately before its vesting in the Corporation, or in connection with managed land that is Crown land; or

S. 28(1)(b) amended by No. 76/1998

(b) any liabilities of the Crown or the Secretary incurred in relation to personal property referred to in paragraph (a) and transferred to the Corporation, to the extent that those liabilities are capable of being transferred; or

S. 28(1)(c) amended by No. 76/1998

(c) any liabilities of the Crown or the Secretary incurred in relation to vested land, to the extent that those liabilities are capable of being transferred.

S. 28(2) amended by No. 76/1998

(2) The Corporation must indemnify the Crown or the Secretary (as the case requires) in respect of each specified liability.

(3) In subsection (2) specified liability means a liability—

S. 28(3)(a) amended by No. 76/1998

(a) incurred by the Crown or the Secretary in relation to—

(i) personal property transferred to the Corporation under subsection (1); or

(ii) vested land; and

(b) that is not capable of being transferred or has not been transferred to the Corporation under this section; and

(c) that is specified by the Treasurer after consultation with the Minister by notice published in the Government Gazette.

29 Land management co-operative agreements

s. 29

S. 29(1) amended by Nos 92/1994 s. 10(a)(i)(ii), 76/1998

(1) The Corporation has the same powers with respect to agreements as the Secretary has under Part 8 of the Conservation, Forests and Lands Act 1987.

S. 29(2) amended by Nos 92/1994 s. 10(b), 76/1998

(2) Part 8 of the Conservation, Forests and Lands Act 1987 applies to an agreement under subsection (1) as if that part referred to the Corporation instead of the Secretary.

S. 29(3) amended by No. 92/1994 s. 10(c)(i)(ii).

(3) On and from the date of commencement of this section, a specified agreement has effect by force of this section as if the Director-General were the Corporation, and any reference in that agreement or in any instrument or document referring to that agreement or in a folio of the Register under the Transfer of Land Act 1958 to the Director-General must be taken to be a reference to the Corporation.

S. 29(4) amended by No. 92/1994 s. 10(d).

(4) In this section specified agreement means an agreement under Part 8 of the Conservation, Forests and Lands Act 1987 between the Director-General and a person specified in Column 1 of Schedule 3 on the date specified opposite it in Column 2 of that Schedule.

30 Forestry Acts and Wood Supply Agreements

(1) On and from the date of commencement of this section, a forestry agreement has effect by force of this section in so far as it relates to softwood, as if it had been entered into by the Corporation instead of the Director-General or the Forests Commission (as the case requires).

(2) Despite anything to the contrary in a forestry Act or forestry agreement, in so far as it relates to softwood, the Corporation—

(a) has the rights and powers conferred on the Director-General by the agreement; and

(b) is subject to the obligations of the Director-General under the agreement; and

(c) is responsible for carrying out the agreement.

(3) To the extent that a forestry Act or forestry agreement relates to softwood, a reference to the Director-General or the Forests Commission (as the case requires) in—

(a) a provision of a forestry Act authorising or requiring the Director-General or the Commission to carry out a forestry agreement; or

s. 30

(b) a forestry agreement—

must, on and from the date of commencement of this subsection, be taken to be a reference to the Corporation.

(4) Despite anything to the contrary in a forestry Act or a forestry agreement, the Corporation may collect and retain for its own use any royalty, fee or charge payable in accordance with that Act or agreement in so far as it relates to softwood.

(5) In this section—

forestry Act means an Act listed in Column 2 of an item in Schedule 4;

forestry agreement means an agreement listed in column 3 of that item;

Forests Commission means the Forests Commission established under the Forests Act 1958 as in force before 1 July 1987.

31 Lease documents

s. 31

(1) On and from the date of commencement of this section, a specified lease document has effect, by force of this section, in relation to leased land as if it had been entered into by the Corporation instead of the lessee as defined in that document, and any reference in that document or in any instrument, document or folio of the Register under the Transfer of Land Act 1958 relating to that specified lease document to the lessee (however expressed), must be taken to be a reference to the Corporation.

(2) In this section—

leased land in relation to a specified lease document means the land included in Schedule A of that document at the date of commencement of this section;

specified lease document means—

(a) the document called an agreement and lease, dated 28 January 1988 and expressed to be made between the Rural Water Commission (whose successor in law is now the Rural Water Corporation) and the Director-General of Conservation, Forests and Lands constituted under the provisions of the Conservation, Forests and Lands Act 1987; or

(b) the document called an agreement and lease, dated 6 November 1991 and expressed to be made between the State Electricity Commission of Victoria and the Director-General of Conservation and Environment constituted under the provisions of the Conservation, Forests and Lands Act 1987.

32 General enforcement powers

s. 32

(1) For the purposes of this Act, the Corporation has the powers conferred on it by the Conservation, Forests and Lands Act 1987.

(2) Fees and penalties under this Act are payable to the Corporation.

(3) A document required or authorised to be served on the Corporation may be served—

(a) personally on a person apparently concerned in the management of the Corporation; or

(b) personally on a person apparently authorised to accept service of documents on behalf of the Corporation; or

(c) by post to the principal office of the Corporation.

33 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of the matters referred to in section 27.

S. 33A inserted by No. 35/1998
s. 9.

33A Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

Pt 5
(Heading and ss 34–37) substituted as Pt 5
(Heading and ss 34–51) by No. 35/1998

Part 5—Transfer of Certain Property and Staff of Corporation

Division 1—Introductory

S. 34 substituted by No. 35/1998

34 Definitions and application

s. 34

(1) In this Part—

chief executive officer means chief executive officer of the Corporation;

Corporation instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which the Corporation was a party; or

(b) that was given to or in favour of the Corporation; or

(c) that refers to the Corporation; or

(d) under which—

(i) money is, or may become, payable to or by the Corporation; or

(ii) other property is to be, or may become liable to be, transferred to or by the Corporation;

Corporation transferee, in relation to former Corporation property, means the person to which the property has been transferred under this Part;

former Corporation property means property, rights or liabilities of the Corporation that, under this Part, have vested in, or become liabilities of another person;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

new employer, in relation to a transferred Corporation employee, means the person by which, by virtue of section 50, the transferred Corporation employee is regarded as being employed with effect from the relevant date;

s. 34

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant date—

(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Treasurer under subsection (2) for the purposes of that statement;

(b) in relation to a document referred to in section 49(1), means a date fixed by the Treasurer under subsection (2) for the purposes of that document;

transferred Corporation employee means a person who, by virtue of section 50, is regarded as being employed by a new employer with effect from the relevant date.

(2) The Treasurer may, by notice published in the Government Gazette—

(a) fix the relevant date for the purposes of an allocation statement under section 37;

(b) fix the relevant date for the purposes of a document referred to in section 49(1).

(3) Nothing in this Part permits the sale, transfer, assignment or disposal of any interest in a forestry agreement referred to in section 30.

S. 35 substituted by No. 35/1998

35 Power to dispose of business undertaking

s. 35

(1) Despite anything to the contrary in the State Owned Enterprises Act 1992 or an Order under that Act, the Corporation may, with the written consent of the Treasurer—

(a) sell, assign, transfer or dispose of all or any part of its business undertaking; and

(b) enter into any agreement necessary or incidental to that purpose.

(2) The Treasurer may give written directions to the Corporation in relation to the sale, assignment, transfer or disposal of any part of its business undertaking.

S. 36 substituted by No. 35/1998

36 Treasurer may be party to agreements

Without limiting, or taking away, any of his or her other powers, the Treasurer, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of the Corporation or to any related agreement.

Division 2—Allocation of property

S. 37 substituted by No. 35/1998

37 Corporation to prepare allocation statement

(1) The Corporation must give to the Treasurer, within the period directed by the Treasurer, a statement or statements approved by the Treasurer relating to the property, rights and liabilities of the Corporation as at a date specified by the Treasurer for the purposes of the relevant statement.

(2) A statement under this section—

(a) must allocate the property, rights and liabilities of the Corporation shown in the statement to, or between, the person or persons nominated in writing by the Treasurer;

(b) must be signed by the chief executive officer.

(3) If a statement under this section is approved by the Treasurer—

(a) the Treasurer must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(4) The Treasurer may at any time direct the Corporation to amend a statement given to him or her under this section as specified in the direction.

s. 37

(5) An allocation statement under this section may be amended by writing signed by the Treasurer.

(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Treasurer under subsection (2) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment.

(7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 38

38 Certificate of chief executive officer

s. 38

(1) A certificate signed by the chief executive officer certifying that property, rights or liabilities of the Corporation specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.

(2) If the Treasurer so directs the chief executive officer in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The Secretary to the Department of Treasury and Finance—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by an interested person.

Division 3—Transfer of property

S. 39

39 Property transferred

s. 39

On the relevant date—

(a) all property and rights of the Corporation, wherever located, that are allocated under an allocation statement to a person, or any 2 or more persons, vest in that person or persons; and

(b) all liabilities of the Corporation, wherever located, that are allocated under an allocation statement to a person, or to any 2 or more persons, become liabilities of that person or persons.

S. 40

40 Allocation of property etc. subject to encumbrances

Unless an allocation statement under this Part otherwise provides, where, under this Part—

(a) property and rights vest in; or

(b) liabilities become liabilities of—

a person or 2 or more persons—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which the Corporation was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Corporation vest in the person or persons.

S. 41

41 Value of transferred property

s. 41

(1) The value to a Corporation transferee of former Corporation property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

(2) The consideration payable by a Corporation transferee in respect of former Corporation property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

S. 42

42 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the Corporation under an agreement are allocated to a person—

(a) the person becomes, on the relevant date, a party to the agreement in place of the Corporation; and

(b) on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement.

S. 43

43 Corporation instruments

Each Corporation instrument relating to former Corporation property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the Corporation were a reference to the Corporation transferee.

S. 44

44 Proceedings

If, immediately before the relevant date, proceedings relating to former Corporation property (including arbitration proceedings) to which the Corporation was a party were pending or existing in any court or tribunal, then, on and after that date, the Corporation transferee is substituted for the Corporation as a party to the proceedings and has the same rights in the proceedings as the Corporation had.

S. 45

45 Interests in land

Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the Corporation is, in relation to former Corporation property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the Corporation transferee is to be taken to be the registered proprietor of that interest in land; and

(b) the Corporation transferee has the same rights and remedies in respect of that interest as the Corporation has.

S. 46

46 Amendment of Register

s. 45

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer, must make any amendments in the Register that are necessary because of the operation of this Part.

(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for an amendment to the Register in relation to former Corporation property that is an easement registered under the Transfer of Land Act 1958.

S. 46(3)(4) repealed by No. 85/1998 s. 24(Sch. item 64.2).

S. 47

47 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the Corporation in relation to former Corporation property if this Part had not been enacted, is admissible for or against the interests of the Corporation transferee.

S. 47(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 61.1).

(2) The Evidence Act 2008 applies with respect to the books of account of the Corporation and to entries made in those books of account before the relevant date, whether or not they relate to former Corporation property, as if those books of account and entries were business records.

S. 47(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 61.2).

S. 48

48 Validity of things done under this Part

s. 47

(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by the Corporation—

(a) is to be regarded as placing the Corporation, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d) releases any surety or other obligee wholly or in part from any obligation.

(2) The validity of any act or transaction of the Corporation must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.

Division 4—Staff

S. 49

49 List of Corporation staff

s. 49

(1) Before the relevant date, the Corporation must prepare and submit to the Treasurer a document signed by the chief executive officer listing officers and employees of the Corporation and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 50 with effect from the relevant date.

(2) The document may be amended by instrument signed by the chief executive officer and given to the Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.

(3) Nothing in this section prevents a person listed in the document as an officer or employee of the Corporation from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.

S. 50

50 Transfer of Corporation staff

s. 50

(1) A person listed as an officer or employee of the Corporation in a document under section 49 who was such an officer or employee immediately before the relevant date is to be regarded as—

(a) having been employed by the new employer with effect from the relevant date; and

(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the Corporation; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Corporation, immediately before the relevant date.

(2) The service of a transferred Corporation employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of the Corporation.

(3) A transferred Corporation employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Corporation because of this Act.

(4) A certificate purporting to be signed by the chief executive officer certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 51

51 Future terms and conditions of transferred employees

s. 51

Nothing in section 50 prevents—

(a) any of the terms and conditions of employment of a transferred Corporation employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or

(b) a transferred Corporation employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.

s. 51

SCHEDULES

Sch. 1 amended by No. 92/1994 s. 11(1)(2).

SCHEDULE 1

Plantation Land

(List of plans lodged at the Central Plan Office under the Survey Co‑ordination Act 1958)

| LEGL/93-1 | Emerson Plantation, Glenaulin | | LEGL/93-2 | Lyons Plantation, Glenaulin | | LEGL/93-3 | Mt Richmond Plantation, Mt Richmond | | LEGL/93-4 | Kangaroo Park Plantation, Winyayung | | LEGL/93-5 | Slater/Porter Plantations, Mt Eccles | | LEGL/93-6 | Malseeds Plantation, Mt Eccles | | LEGL/93-7 | Simpkin/Weerona Plantations, Hotspur | | LEGL/93-8 | Brisbane Plantation, Hotspur | | LEGL/93-9 | Smokey Valley Plantation, Hotspur | | LEGL/93-10 | Kentbruck Plantation, Kentbruck | | LEGL/93-11 | Kentbruck Plantation, Kentbruck | | LEGL/93-12 | Kentbruck Plantation, Kentbruck | | LEGL/93-13 | Bahgallah Plantation, Killara | | LEGL/93-14/1 | Rennick Plantation, Rennick | | LEGL/93-15 | Rennick Plantation, Rennick | | LEGL/93-16/1 | Rennick Plantation, Rennick | | LEGL/93-17 | Rennick Plantation, Rennick | | LEGL/93-18 | Rennick Plantation, Rennick | | LEGL/93-19 | Rennick Plantation, Rennick | | LEGL/93-20 | Rennick Plantation, Rennick | | LEGL/93-21 | Lane Plantation, Weecurra | | LEGL/93-22/1 | Read Plantation, Weecurra |

| Plan No | Plantation Name | | LEGL/93-23 | Mocamboro Plantation, Mocamboro |

| LEGL/93-24 | Castlemaine Plantation, Campbells Creek | | LEGL/93-26 | Wylies Plantation, Enfield | | LEGL/93-27 | Mt Mercer Plantation, Enfield | | LEGL/93-28 | Happy Valley Plantation, Linton | | LEGL/93-29 | Scarsdale Plantation, Linton | | LEGL/93-30 | Cape Clear Plantation, Linton | | LEGL/93-31 | Carngham Plantation, Skipton | | LEGL/93-32 | Shepherds Flat Plantation, Durham | | LEGL/93-33 | Canadian Plantation, Warrenheip | | LEGL/93-34 | Yarrowee Plantation, Warrenheip | | LEGL/93-35 | Douglas Plantation, Mt Lonarch/Mt Cole | | LEGL/93-36 | Avoca River Plantation, Mt Lonarch | | LEGL/93-37/1 | Red Hill Plantation, Mt Lonarch | | LEGL/93-38 | Mt Beckworth Plantation | | LEGL/93-39/1 | Creswick Plantation, Springmount & VSF | | LEGL/93-40/1 | Cobblers Gully Plantation, Glen Park | | LEGL/93-41 | Petticoat Plantation, Glen Park | | LEGL/93-42/1 | Aire Valley Plantation | | LEGL/93-43/1 | Aire Valley Plantation | | LEGL/93-44 | Boonah Plantation, Retreat | | LEGL/93-45 | Boonah Plantation, Wormbete | | LEGL/93-46 | Otways Plantation, Yaugher | | LEGL/93-47/1 | Webster Hill Plantation | | LEGL/93-48/1 | Webster Hill Plantation | | LEGL/93-49 | Webster Hill Plantation | | LEGL/93-50 | Irrewillipe Plantation, Irrewillipe | | LEGL/93-52 | Bungal Plantation, Bungal | | LEGL/93-53 | Basalt Plantation, Hepburn | | LEGL/93-54/1 | Spargo Plantation, Barkstead | | LEGL/93-55/1 | Bells Reef Plantation, Barkstead |

| LEGL/93-57/1 | Railway Plantation, Macedon | | LEGL/93-58 | Macedon Plantation, Macedon | | LEGL/93-59 | Campaspe Seed Orchard | | LEGL/93-60 | Piper Plantation, Piper | | LEGL/93-61/1 | Too-rour Plantation, Too-rour | | LEGL/93-62 | Warrenbayne Plantation | | LEGL/93-63 | Warrenbayne Plantation | | LEGL/93-64 | Blue Range Plantation | | LEGL/93-65/1 | Blue Range Plantation | | LEGL/93-66/1 | Mansfield Plantation, Holland, Upper/Lower Ryan | | LEGL/93-67/1 | Alexandra Plantation, Mohican East | | LEGL/93-68 | Alexandra Plantation, Glendale | | LEGL/93-69 | Toolangi Plantation, Mt Robertson | | LEGL/93-70/1 | Marysville Plantation, Narbethong | | LEGL/93-71 | Marysville Plantation, Robbies | | LEGL/93-72 | Giffard Plantation, Giffard | | LEGL/93-73 | Strzelecki Plantation, Darlimurla | | LEGL/93-74 | Strzelecki Plantation, Jeeralang | | LEGL/93-75 | Strzelecki Plantation, Jeeralang | | LEGL/93-76 | Strzelecki Plantation, Livingston | | LEGL/93-77 | Strzelecki Plantation, Livingston | | LEGL/93-78/1 | Strzelecki Plantation, Livingston | | LEGL/93-79 | Strzelecki Plantation, Boolarra South | | LEGL/93-80 | Strzelecki Plantation, Boolarra South | | LEGL/93-81 | Strzelecki Plantation, Turtons | | LEGL/93-82 | Strzelecki Plantation, Turtons | | LEGL/93-83 | Strzelecki Plantation, Woorarra | | LEGL/93-84 | Strzelecki Plantation, Woorarra |

| LEGL/93-85 | Strzelecki Plantation, Woorarra | | LEGL/93-86 | Strzelecki Plantation, Woorarra |

| LEGL/93-87 | Strzelecki Plantation, Woorarra | | LEGL/93-88 | Strzelecki Plantation, Albert | | LEGL/93-89/1 | Strzelecki Plantation, Albert | | LEGL/93-90/1 | Strzelecki Plantation, Albert | | LEGL/93-91/1 | Strzelecki Plantation, Albert | | LEGL/93-92 | Strzelecki Plantation, Jack | | LEGL/93-93 | Strzelecki Plantation, Jack | | LEGL/93-94/1 | Strzelecki Plantation, Jack | | LEGL/93-95/1 | Strzelecki Plantation, Jack | | LEGL/93-96 | Strzelecki Plantation, Macks | | LEGL/93-97 | Strzelecki Plantation, Macks | | LEGL/93-98 | Strzelecki Plantation, Macks | | LEGL/93-99/1 | Strzelecki Plantation, Bodman | | LEGL/93-100/1 | Strzelecki Plantation, Bodman | | LEGL/93-101 | Strzelecki Plantation, Bodman | | LEGL/93-102 | Gelliondale Nursery | | LEGL/93-103 | Mullungdung Plantation, Mullungdung | | LEGL/93-104/1 | Strzelecki Plantation, Mullungdung | | LEGL/93-105 | Strzelecki Plantation, Callignee | | LEGL/93-106 | Strzelecki Plantation, Callignee | | LEGL/93-107 | Strzelecki Plantation, Callignee | | LEGL/93-108/1 | Strzelecki Plantation, Callignee | | LEGL/93-109 | Strzelecki Plantation, Wonwron | | LEGL/93-110 | Strzelecki Plantation, Wonwron | | LEGL/93-111 | Strzelecki Plantation, Wonwron | | LEGL/93-112 | Strzelecki Plantation, Wonwron | | LEGL/93-113/1 | Strzelecki Plantation, Wonwron | | LEGL/93-114 | Strzelecki Plantation, Leongatha | | LEGL/93-115 | Strzelecki Plantation, Mullungdung | | LEGL/93-116 | Strzelecki Plantation, Callignee |

| LEGL/93-117 | Allambee Plantation, Mt Worth | | LEGL/93-118 | Loch Valley Plantation, Loch | | LEGL/93-119 | Neerim East Plantation, Latrobe | | LEGL/93-120 | Moondarra Plantation, Moondarra | | LEGL/93-121 | Childers Plantation, Childers | | LEGL/93-122 | Ballas Plantation, Dutson | | LEGL/93-123 | Jeeralang Plantation, Traralgon | | LEGL/93-124/1 | Braithwaites and Junction Plantation | | LEGL/93-125/1 | Bright Plantations, Porepunkah and Havilah | | LEGL/93-126 | Bright Plantation, Running Creek/Havilah | | LEGL/93-127/1 | Porepunkah Plantation | | LEGL/93-128/1 | Two Mile Creek Plantation, Bright | | LEGL/93-129 | Water Reserve Plantation | | LEGL/93-130/1 | Morses Creek Plantation, Bright | | LEGL/93-131/1 | Morses Creek Plantation, Bright | | LEGL/93-132/1 | Hill and Racecourse Plantation | | LEGL/93-133/1 | Freeburgh Plantation, Freeburgh | | LEGL/93-134/1 | Smoko Plantation, Freeburgh | | LEGL/93-135 | Chiltern Water Reserve Plantation | | LEGL/93-136 | Beechworth Plantation, Magpie | | LEGL/93-137/1 | Beechworth Plantation, Stanley | | LEGL/93-138 | Beechworth Plantation, Stanley/Bruarong | | LEGL/93-139/1 | Beechworth Plantation, Bruarong | | LEGL/93-140 | Bruarong Plantation, Bruarong | | LEGL/93-141 | Beechworth Plantation, Dingle | | LEGL/93-142/1 | Myrtleford Plantation, Gapstead, Dingle, Bruarong | | LEGL/93-143/1 | Ovens Plantation, Ovens |

| LEGL/93-144 | Ovens Plantation, Ovens | | LEGL/93-145 | Merriang Plantation, Merriang | | LEGL/93-146 | Merriang Plantation, Merriang |

| LEGL/93-147 | Running Creek Plantation | | LEGL/93-148 | Long Corner Creek Plantation | | LEGL/93-149 | Hurdle Creek Plantation, Merriang/Emu | | LEGL/93-150 | Hurdle Creek Plantation, Merriang/Carboor | | LEGL/93-151 | Hurdle Creek Plantation | | LEGL/93-152 | Hurdle Creek Plantation | | LEGL/93-153/1 | Cropper Creek Plantation | | LEGL/93-154/1 | Cropper Creek Plantation | | LEGL/93-155/1 | Cropper Creek Plantation | | LEGL/93-156 | Rose Valley Plantation, Rose | | LEGL/93-157/1 | Shelley Plantation, Gould | | LEGL/93-158/1 | Shelley Plantation, Gould | | LEGL/93-159/1 | Shelley Plantation, Burrowye & Lawson | | LEGL/93-160/1 | Shelley Plantation, Burrowye | | LEGL/93-161 | Shelley Plantation, Burrowye & Koetong | | LEGL/93-162/1 | Shelley Plantation, Lucyvale | | LEGL/93-163/1 | Shelley Plantation, Jemba | | LEGL/93-164/1 | Shelley Plantation, Koetong | | LEGL/93-165/1 | Shelley Plantation, Koetong | | LEGL/93-166 | Shelley Plantation, Koetong, Jemba Walwa | | LEGL/93-167/1 | Shelley Plantation, Jinjellic | | LEGL/93-168/1 | Shelley Plantation, Jinjellic | | LEGL/93-169/1 | Shelley Plantation, Railway | | LEGL/93-170 | Shelley Plantation, Railway & Jemba | | LEGL/93-171 | Mitta Plantation, Bullhead and Mt Benambra | | LEGL/93-172 | Mitta Plantation, Eskdale | | LEGL/93-173 | Lucyvale Plantation, Wabba | | LEGL/93-174 | Shelley Plantation, Walwa | | LEGL/93-175 | Shelley Plantation, Bullioh | | LEGL/93-176 | Everton Plantation, Eldorado |

| LEGL/93-179/1 | Locality Plan S. W. Sheet | | LEGL/93-180/1 | Locality Plan N. E. Sheet | | LEGL/93-181/1 | Locality Plan S. E. Sheet | | LEGL/93-182/1 | Locality Plan Strzelecki Plantations | | LEGL/94-10 | Victoria Valley (Billywing) | | LEGL/94-11 | Brisbane Ranges | | LEGL/94-13 | Mt. Alexander | | LEGL/94-15 | Bullarto Stewarts Creek | | LEGL/94-16 | Mansfield | | LEGL/94-17 | Delatite | | LEGL/94-18 | Delatite | | LEGL/94-19 | Delatite | | LEGL//94-20 | Delatite | | LEGL/94-21 | Latrobe Zone Office, Victorian Plantations Corporation |

SCHEDULE 2

Sch. 2

Land to which Access is Required

| | Column 1 | Column 2 | | Item | Person or body | Particulars of land | | 1 | Registered proprietor for the time being | Crown allotment 8C Parish of Wensleydale | | 2 | Registered proprietor for the time being | Crown allotment 3 Section E Parish of Wombat | | 3 | Registered proprietor for the time being | Crown allotment 1 Section A Parish of Korweinguboora | | 4 | Council of the Municipal District of Alberton | Land bordered in blue on plan LEGL/93-98 | | 5 | Registered proprietor for the time being | Folio of the Register Volume 1417 Folio 248 | | 6 | Registered proprietor for the time being | Folio of the Register Volume 171 Folio 015 | | 7 | Registered proprietor for the time being | Folio of the Register Volume 283 Folio 591 | | 8 | Registered proprietor for the time being | Folio of the Register Volume 9484 Folio 582 | | 9 | Registered proprietor for the time being | Folio of the Register Volume 293 Folio 583 | | 10 | Council of Mirboo North High School | Land bordered in blue on Plan LEGL/93-73 |

SCHEDULE 3

Sch. 3

Co-operative Land Management Agreements

| Person | Date | | L W and B K Bragge | 5 January 1989 | | D I and B W Hodgkinson | 31 January 1989 | | E T and J C Graves | 8 November 1989 | | D W and I C Hinkley | 15 February 1990 | | J Thomson | 26 March 1990 | | P A Mowat | 31 January 1991 | | J E and M J Talbot | 31 January 1991 | | R Svenson | 31 January 1991 | | J A and C M Reid | 31 January 1991 | | D L and P V Foster | 31 January 1991 | | P Berchtold | 31 January 1991 | | W DAN Pty Ltd | 31 May 1991 | | Q D Young | 30 May 1991 | | M J T Burston | 31 May 1991 | | Latrobe Region Water Authority | 25 November 1991 | | Mallacoota Water Board | 19 December 1991 | | D S and M P Snell | 27 December 1991 | | Orbost Water Board | 23 November 1992 | | F J and J M Horvath | 27 February 1992 | | Mount Bellevue Investments Pty Ltd | 23 June 1992 |

SCHEDULE 4

Sch. 4

Forestry Acts and Agreements

| Item | Forestry Acts | Forestry Agreements | | 1 | Forests (Wood Pulp Agreement) Act 1961 | Agreement set out in Schedule (as amended by agreement set out in Schedule of Forests (Wood Pulp Agreement) Act 1966 and agreement set out in Schedule 1 of Forests (Wood Pulp Agreements) Act 1974) | | 2 | Forests (Wood Pulp Agreements) Act 1974 | Agreement set out in Schedule 2 (amended by agreement set out in Schedule of Forests (Wood Pulp Agreement) (Amendment) Act 1985) | | 3 | Forests (Wood Pulp Agreement) (Amendment) Act 1985 | Agreement set out in Schedule | | 4 | Forests (Softwood Holdings Agreement) Act 1975 | Agreement set out in Schedule | | 5 | Forests (Australian Newsprint Mill Limited) Act 1980 | Agreement set out in Schedule | | 6 | Forests (Bowater–Scott Agreement) Act 1986 | Agreement set out in Schedule | | 7 | Forests (Dunstan Agreement) Act 1987 | Agreement set out in Schedule | | 8 | Forests (Laminex Industries Agreement) Act 1989 | Agreement set out in Schedule | | 9 | Forests (Victree Forests Agreement) Act 1989 | Agreement set out in Schedule |

| Item | Forestry Acts | Forestry Agreements |

Sch. 4 item 10 amended by No. 46/1998
s. 7(Sch. 1).

| 10 | | Agreement dated 14 April 1993 made between the Treasurer, the Minister for Natural Resources, and the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987 (under the name of Secretary to the Department of Natural Resources and Environment) and S.E.A.S. Sapfor Ltd. |

Sch. 4

Sch. 5 inserted by No. 35/1998

SCHEDULE 5

Roads to be Closed

PART 1

(List of plans lodged at the Central Plan Office under the Survey Co‑ordination Act 1958.)

| Emerson, Glenaulin | LEGL/97-75 | | Mt Richmond Plantation, Mt Richmond | LEGL/97-76 | | Kangaroo Park Plantation, Winyayung | LEGL/97-77 | | Slater/Porter Plantations, Mt Eccles | LEGL/97-78 | | Simpkin/Weerona Plantations, Hotspur | LEGL/97-79 | | Brisbane Plantation, Hotspur | LEGL/97-80 | | Smokey Valley Plantation, Hotspur | LEGL/97-81 | | Kentbruck Plantation, Kentbruck | LEGL/97-82 | | Kentbruck Plantation, Kentbruck | LEGL/97-83 | | Rennick Plantation, Rennick | LEGL/93-16/1 | | Rennick Plantation, Rennick | LEGL/97-84 | | Rennick Plantation, Rennick | LEGL/93-18 | | Rennick Plantation, Rennick | LEGL/93-20 | | Read Plantation, Weecurra | LEGL/97-85 | | Mocamboro Plantation, Mocamboro | LEGL/93-23 | | Castlemaine Plantation, Campbells Creek | LEGL/97-86 | | Wylies Plantation, Enfield | LEGL/97-87 | | Cape Clear Plantation, Linton | LEGL/97-88 | | Shepherds Flat Plantation, Durham | LEGL/93-32 | | Yarrowee Plantation, Warrenheip | LEGL/97-89 | | Red Hill Plantation, Mt Lonarch | LEGL/97-90 |

| Cobblers Gully Plantation, Glen Park | LEGL/97-91 | | Petticoat Plantation, Glen Park | LEGL/97-92 | | Aire Valley Plantation | LEGL/97-93 | | Aire Valley Plantation | LEGL/97-94 | | Boonah Plantation, Wormbete | LEGL/97-95 | | Otways Plantation, Yaugher | LEGL/93-46 | | Webster Hill Plantation | LEGL/97-96 | | Webster Hill Plantation | LEGL/97-97 | | Webster Hill Plantation | LEGL/97-98 | | Bungal Plantation, Bungal | LEGL/93-52 | | Basalt Plantation, Hepburn | LEGL/93-53 | | Spargo Plantation, Barkstead | LEGL/97-99 | | Bells Reef Plantation, Barkstead | LEGL/97-100 | | Railway Plantation, Macedon | LEGL/97-101 | | Macedon Plantation, Macedon | LEGL/97-102 | | Piper Plantation, Piper | LEGL/97-103 | | Too-rour Plantation, Too-rour | LEGL/97-104 | | Warrenbayne Plantation | LEGL/97-105 | | Warrenbayne Plantation | LEGL/97-106 | | Blue Range Plantation | LEGL/97-107 | | Blue Range Plantation | LEGL/97-108 | | Mansfield Plantation, Holland, Upper/Lower Ryan | LEGL/97-109 | | Alexandra Plantation, Mohican East | LEGL/97-110 | | Toolangi Plantation, Mt Robertson | LEGL/97-111 | | Marysville Plantation, Narbethong | LEGL/97-112 | | Giffard Plantation, Giffard | LEGL/96-01 | | Strezlecki Plantation, Darlimurla | LEGL/96-02 |

| Strezlecki Plantation, Jeeralang | LEGL/96-03 | | Strezlecki Plantation, Livingston | LEGL/96-04 | | Strezlecki Plantation, Livingston | LEGL/96-05 | | Strezlecki Plantation, Livingston | LEGL/96-06 | | Strezlecki Plantation, Boolara South | LEGL/96-07 | | Strezlecki Plantation, Boolara South | LEGL/96-08 | | Strezlecki Plantation, Turtons | LEGL/96-09 | | Strezlecki Plantation, Turtons | LEGL/96-10 | | Strezlecki Plantation, Woorarra | LEGL/96-11 | | Strezlecki Plantation, Woorarra | LEGL/96-12 | | Strezlecki Plantation, Woorarra | LEGL/96-13 | | Strezlecki Plantation, Woorarra | LEGL/96-14 | | Strezlecki Plantation, Albert | LEGL/96-15 | | Strezlecki Plantation, Albert | LEGL/96-16 | | Strezlecki Plantation, Albert | LEGL/96-17 | | Strezlecki Plantation, Albert | LEGL/96-18 | | Strezlecki Plantation, Jack | LEGL/96-19 | | Strezlecki Plantation, Jack | LEGL/96-20 | | Strezlecki Plantation, Jack | LEGL/96-21 | | Strezlecki Plantation, Macks | LEGL/96-23 | | Strezlecki Plantation, Macks | LEGL/96-24 | | Strezlecki Plantation, Bodman | LEGL/96-25 | | Strezlecki Plantation, Bodman | LEGL/96-26 | | Strezlecki Plantation, Bodman | LEGL/96-27 | | Strezlecki Plantation, Mullungdung | LEGL/96-28 | | Strezlecki Plantation, Callignee | LEGL/96-29 | | Strezlecki Plantation, Callignee | LEGL/96-30 | | Strezlecki Plantation, Callignee | LEGL/96-31 |

| Strezlecki Plantation, Callignee | LEGL/96-32 | | Strezlecki Plantation, Wonwron | LEGL/96-33 | | Allambee Plantation, Mt Worth | LEGL/96-34 | | Loch Valley Plantation, Loch | LEGL/96-35 | | Neerim East Plantation, Latrobe | LEGL/96-36 | | Moondarra Plantation, Moondarra | LEGL/96-37 | | Childers Plantation, Childers | LEGL/96-38 | | Jeeralang Plantation, Traralgon | LEGL/96-39 | | Braithwaites and Junction Plantation | LEGL/93-124/1 | | Bright Plantations, Porepunkah & Havilah | LEGL/97-113 | | Porepunkah Plantation | LEGL/97-114 | | Morses Creek Plantation, Bright | LEGL/93-130/1 | | Morses Creek Plantation, Bright | LEGL/97-120 | | Hill and Racecourse Plantation | LEGL/93-132/1 | | Beechworth Plantation, Magpie | LEGL/97-115 | | Beechworth Plantation, Stanley | LEGL/97-116 | | Beechworth Plantation, Stanley/Bruarong | LEGL/97-117 | | Beechworth Plantation, Bruarong | LEGL/97-118 | | Bruarong Plantation, Bruarong | LEGL/93-140 | | Myrtleford Plantation, Gapstead, Dingle, Bruarong | LEGL/97-119 | | Running Creek Plantation | LEGL/93-147 | | Hurdle Creek Plantation, Merriang/Emu | LEGL/97-121 | | Hurdle Creek Plantation, Merriang/Carboor | LEGL/97-122 | | Cropper Creek Plantation | LEGL/97-123 | | Cropper Creek Plantation | LEGL/93-154/1 | | Rose Valley Plantation, Rose | LEGL/93-156 | | Shelley Plantation, Gould | LEGL/97-126 |

| Shelley Plantation, Gould | LEGL/97-125 | | Shelley Plantation, Burrowye & Lawson | LEGL/97-127 | | Shelley Plantation, Burrowye | LEGL/97-128 | | Shelley Plantation, Burrowye & Koetong | LEGL/97-129 | | Shelley Plantation, Lucyvale | LEGL/97-130 | | Shelley Plantation, Jemba | LEGL/97-131 | | Shelley Plantation, Koetong | LEGL/97-132 | | Shelley Plantation, Koetong | LEGL/97-133 | | Shelley Plantation, Koetong, Jemba Walwa | LEGL/97-124 | | Shelley Plantation, Jinjellic | LEGL/97-134 | | Shelley Plantation, Jinjellic | LEGL/97-135 | | Shelley Plantation, Railway | LEGL/97-136 | | Shelley Plantation, Railway & Jemba | LEGL/93-170 | | Mitta Plantation, Bullhead and Mt Benambra | LEGL/97-137 | | Mitta Plantation, Eskdale | LEGL/93-172 | | Lucyvale Plantation, Wabba | LEGL/97-138 | | Shelley Plantation, Walwa | LEGL/93-174 | | Shelley Plantation, Bullioh | LEGL/97-139 | | Mansfield | LEGL/94-16 | | Delatite | LEGL/97-140 | | Delatite | LEGL/94-18 | | Delatite | LEGL/94-19 |

PART 2

(List of plans lodged at the Central Plan Office under the Survey Co‑ordination Act 1958)

| Petticoat Plantation, Glen Park | GP 128 | | Aire Valley Plantation | GP 198K | | Meehans Plantation | GP 165-E | | Meehans Plantation | GP 165-A | | Strezlecki Plantation, Turtons | GP 256 | | Strezlecki Plantation, Albert | GP 169 | | Strezlecki Plantation, Jack | GP 168 | | Warrenbayne | GP 75 | | Holland Plantation | GP 45 | | Running Creek Plantation | GP 253 | | Ovens Plantation | GP 167 | | Shelley Plantation, Gould | GP 100 | | Shelley Plantation, Bullioh | GP 255 | | Delatite | GP 254 |

Sch. 6 inserted by No. 35/1998

SCHEDULE 6

Sch. 6

Land to be Divested from Corporation

| Cape Clear | 2Q1 | A | Mindai | CP116707-A | | Durham Lead | 7J, 7K, 7L | 4 | Clarendon | CP117795 | | Macedon | 23H1, 23K1 | C | Macedon | CP117029-A | | Macedon | 40B, 41B | F | Woodend | CP116768 | | Wylies | 4J1 & 4J2 | | Enfield | CP117781 | | Yaugher | 59F1 | | Gerangamete | CP117641 | | Darlimurla | 34Q1, 34Q2, 34Q3, 34R1 | | Narracan South | CP117424 | | Livingston | 90L1, 90L2, 90L3, 90L4, 90L5 | | Mirboo | CP117539 | | Woorarra | 43C1 | B | Woorarra | CP117817 | | Jack | 157E2, 157E1 | | Devon | CP117593 | | Jack | 157F1, 157F2 | | Devon | CP117564 | | Macks | 65J | | Wonwron | CP117528 | | Bodman | 43C1 | A | Boodyarn | CP117733 | | Callignee | 21C1 | A | Callignee | CP117664 | | Callignee | 21D1 | A | Callignee | CP117665 | | Loch Valley | 2H1 | | Noojee East | CP117898 | | Too-rour | 8A1 | C | Too-rour | CP117943 | | Mohican | 56A2, 56A4 | | Glendale | CP117968 | | Narbethong Robbies | 12 | B | Granton | CP117916-A | | Junction | 6F | 7 | Wandiligong | CP117474-A | | Magpie | 16A | | Stanley | CP117909 |

| Merriang, Running Creek, Long Corner Creek | 37E1 | | Bungamero | CP117783 | | Cropper Creek | 3A | | Winteriga | CP117783 | | Railway | 33C | A | Berringama | CP118039 | | Mt Richmond | 3A1 | 6 | Mouzie | CP117019 | | Kentbruck | 6A | 3 | Kentbruck | CP117431 | | Rennick | 18B, 16D1 | | Palpara | CP118007 | | Rennick | 48A, 49A | | Wanwin | CP118007 |

Sch. 6

Sch. 7 inserted by No. 35/1998

SCHEDULE 7

Sch. 7

Land to Cease to be Reserved

(List of plans lodged at the Central Plan Office under the Survey Co‑ordination Act 1958.)

PART 1

| Plantation name | Plan No. | | Canadian | GP 127 | | Happy Valley | GP 81-A | | Mt Lonarch | GP 74B, GP 74C, GP 74D | | Creswick | GP 58, GP 58A, GP 58B | | Petticoat | GP 128A, GP 128B | | Aire Valley | GP 205-B | | Boonah | GP 106, GP 106-A | | Meehans | GP 165, GP 165-C, GP 165-D | | Bells Reef | GP 54-B | | Wonwron | GP 7A | | Neerim East | GP 206C | | Moondarra | GP 101 | | Jeeralang Traralgon | GP 259 | | Glendale | GP 125 | | Havilah Porepunkah | GP 89 | | Running Creek, Bright | GP 252 | | Stanley Bruarong | GP 225 | | Spring Creek | GP 16, GP 16A | | Dingle | GP 8 | | Gould | GP 226, GP 234 | | Koetong | GP 83-A, GP 83 |

PART 2

Sch. 7

| Scarsdale | 2A1 | B | Argyle | CP117964 | | Mt Lonarch | 10C1 | B | Glenpatrick | CP118067 | | Petticoat | 1 | S | Creswick | CP117998 | | Campaspe | 80A | D | Woodend | CP117648 | | Wonwron | 8D | | Boodyarn | CP117364 | | Mt Piper | 15B1 | E | Strathbogie | CP117635 | | McDonalds | 4A1 | E | Strathbogie | CP117363 | | Contes | 4J1 | | Toombullup | CP117847 | | Mohican | 56A1, 56A3 | | Glendale | CP117968 | | Bruarong | 4E1 | 3 | Bruarong | CP118632 | | Bruarong | 5B | 2 | Bruarong | CP117314 | | Lucyvale | 7V | 1 | Berringama | CP118006 | | Koetong | 21B | 1 | Jinjellic | CP117977 | | Emerson | 5A | 14 | Drik Drik | CP117495 | | Emerson | 8A | 12 | Drik Drik | CP117496 | | Emerson | 9A | 12 | Drik Drik | CP117497 | | Lyons | 12A | B | Glenaulin | Plan117467 | | Warrenbayne | 29A1 | D | Lima | CP117947 |

Sch. 8 inserted by No. 35/1998

SCHEDULE 8

Certified Plans of Plantation Land

| Mt Mercer | 82A | | Enfield | CP116370 | | Cape Clear | 6B3 | G | Clarkesdale | CP116707-A | | Cape Clear | 2Y | A | Mindai | CP116707-A | | Carngham | 10 | 2 | Chepstowe | CP116535 | | Carngham | 3A | 8 | Chepstowe | CP116535 | | Durham Lead | 7H, 7G | 4 | Clarendon | CP117795 | | Durham Lead | 3 | 5 | Clarendon | CP117796 | | Canadian | A5, A6 | | Ballarat | CP117822 | | Canadian | A2 | | Ballarat | CP117064 | | Canadian | B6 | | Ballarat | CP117065 | | Yarrowee | 2B | 16 | Ballarat | CP116651-A | | Yarrowee | 9C | 14 | Ballarat | CP116651-A | | Yarrowee | 10L, 10K | 12 | Ballarat | CP116651-A | | Yarrowee | 24A, 22A | 17A | Ballarat | CP116651-A | | Irrewillipe | 47 | | Natte Murrang | CP116371 | | Macedon | 23H, 23J, 23K, 23L | C | Macedon | CP117029-A | | Macedon | 19A | G | Woodend | CP117029-A | | Macedon | 10D, 10E | D | Macedon | CP116768 | | Macedon | 40A 41A | F | Woodend | CP116768 | | Campbells Creek | 10F | G3 | Castlemaine | CP117642-A | | Wylies | 4J | | Enfield | CP117781 |

| Happy Valley | 6 | 48 | Scarsdale | CP117965 | | Scarsdale | 3 | 47 | Scarsdale | CP117964 | | Scarsdale | 2F | B | Argyle | CP117964 | | Scarsdale | 2G | B | Argyle | CP117966 | | Mt Lonarch | 10C, 10D | B | Glenpatrick | CP118067 | | Mt Lonarch | 10X, 10Y, 10Z | A | Raglan | CP118067 | | Mt Lonarch | 10A, 10B | D | Langi-Kal-Kal | CP118067 | | Mt Lonarch | 4C | C | Amphitheatre | CP118067 | | Mt Lonarch | 5A1 | 63A | Raglan | CP118085 | | Mt Lonarch | 10X1 | A | Raglan | CP118616 | | Mt Beckworth | A8 | | Clunes | CP117806 | | Creswick | Y30A, Y30B, Y30C, Y30D | | Creswick | CP117882 | | Creswick | Y29C, Y29D, Y29F, Y29E | | Creswick | CP117866 | | Creswick | 6 | 89 | Creswick | CP117883 | | Cobblers Gully | 5H | S | Creswick | CP117995 | | Long Point | 2B | P | Creswick | CP117996 | | Bald Hill | 3 | 7 | Creswick | CP117997 | | Bald Hill | 61, 62 | 17 | Creswick | CP117997 | | Petticoat | 87C | | Ballarat | CP117998 | | Petticoat | 2, 3 | W | Ballarat | CP117998 | | Petticoat | 16 | X | Ballarat | CP117998 | | Petticoat | 9D | P | Ballarat | CP117998 | | Aire Valley | 15F | | Olangolah | CP118068 | | Aire Valley | 15G | | Olangolah | CP118069 |

| Aire Valley | 15H | | Olangolah | CP118070 | | Aire Valley | 15L | | Olangolah | CP118072 | | Aire Valley | 29L | | Olangolah | CP118073 | | Aire Valley | 29M | | Olangolah | CP118074 | | Aire Valley | 36A | | Wyelangta | CP118079 | | Aire Valley | 36B | | Wyelangta | CP118080 | | Aire Valley | 34E | | Weeaproinah | CP118083 | | Beechforest | 15J, 15K | | Olangolah | CP118071 | | Boonah | 5D, 6H, 8E, 34J, 34K, 34L | | Wensleydale | CP117851 | | Yaugher | 59F | | Gerangamete | CP117641 | | Stevensons Falls | 74C, 74D, 78D | | Barramunga | CP117762 | | Webster Hill | 54D, 54E, 54F | | Barramunga | CP117985 | | Webster Hill | 2D | | Olangolah | CP117985 | | McDevitt | 17J | | Moorbanool | CP117984 | | Meehans | 66E | | Barramunga | CP117849 | | Bungal | 79B | | Bungal | CP117797 | | Basalt | 4A,4B,4C | E | Wombat | CP117859 | | Spargo | 12A | A | Korweinguboora | CP117823 | | Spargo | 12B | A | Korweinguboora | CP117824 | | Spargo | 16C | A | Korweinguboora | CP117825 | | Spargo | 19A | A | Korweinguboora | CP117827 | | Spargo | 3 | 14 | Moorarbool West | CP117829 | | Bells Reef | 46B | 2A | Wombat | CP117884 | | Campaspe Seed Orchard | 80 | D | Woodend | CP117648 |

| Lal Lal Seed Orchard | 21E | | Borhoneyghurk | CP117342 | | Giffard | 19A | C | Giffard | CP117021 | | Darlimurla | 126F | | Mirboo | CP117423 | | Darlimurla | 34Q, 34R, 34S, 34M | | Narracan South | CP117424 | | Jeeralang | 8C | A | Budgeree | CP117096 | | Jeeralang | 26B | A | Budgeree | CP117095 | | Livingston | 19C | A | Budgeree | CP117166 | | Livingston | 62E | | Mirboo | CP117208 | | Livingston | 90L | | Mirboo | CP117539 | | Livingston | 34B | | Gunyah Gunyah | CP117293 | | Livingston | 32E | | Gunyah Gunyah | CP117209 | | Livingston | 90C1 | | Mirboo | CP117118 | | Livingston | 8B | | Gunyah Gunyah | CP117119 | | Livingston | 6A2 | | Gunyah Gunyah | CP117241 | | Livingston | 44D | | Gunyah Gunyah | CP117264-A | | Livingston | 25A | | Wonyip | CP117290 | | Boolarra South | 132E | | Mirboo | CP117461 | | Boolarra South | 133G | | Mirboo | CP117462 | | Boolarra South | 2B | | Gunyah Gunyah | CP117167 | | Boolarra South | 51A7 | | Mirboo South | CP117168 | | Turtons | 54L | | Mirboo South | CP117338 | | Turtons | 52L | | Mirboo South | CP117337 | | Turtons | 52J | | Mirboo South | CP117339 | | Turtons | 51H1 | | Mirboo South | CP117075 |

| Turtons | 69A | | Mirboo South | CP117023-A | | Turtons | 6B | A | Woorarra | CP117032 | | Turtons | 6C | A | Woorarra | CP117033 | | Turtons | 59G | | Mirboo South | CP117031 | | Turtons | 4D | A | Mirboo South | CP117030-A | | Turtons | 72B | | Mirboo South | CP117074 | | Woorarra | 68B | | Gunyah Gunyah | CP117930 | | Woorarra | 68C | | Gunyah Gunyah | CP117931 | | Woorarra | 37B | A | Woorarra | CP117269 | | Woorarra | 34D | A | Woorarra | CP117270 | | Woorarra | 9A | B | Woorarra | CP117816 | | Woorarra | 43C | B | Woorarra | CP117817 | | Woorarra | 43D | B | Woorarra | CP117818 | | Woorarra | 12E | C | Woorarra | CP117820 | | Woorarra | 11A | C | Woorarra | CP117819 | | Woorarra | 79D | | Wonyip | CP117815 | | Woorarra | 68A | | Wonyip | CP117814 | | Woorarra | 68E | | Wonyip | CP117845 | | Woorarra | 1C | | Wonyip | CP117813 | | Woorarra | 39B | B | Wonga Wonga | CP116984 | | Woorarra | 19Q, 19R, 19T, 19U, 19V, 19W | B | Toora | CP117367-A | | Albert | 57R1 | | Binginwarri | CP117662 | | Albert | 58S | | Binginwarri | CP117663 | | Albert | 17E | | Wonyip | CP117661 | | Albert | 91F | | Binginwarri | CP117478 | | Albert | 92C | | Binginwarri | CP117479 | | Albert | 54F1 | | Binginwarri | CP117480 |

| Albert | 94D | | Binginwarri | CP117706 | | Albert | 94E | | Binginwarri | CP117481 | | Albert | 95G | | Binginwarri | CP117483 | | Albert | 95Q | | Binginwarri | CP117484 | | Albert | 95H | | Binginwarri | CP117482 | | Albert | 62L | | Binginwarri | CP117595 | | Albert | 62K | | Binginwarri | CP117597 | | Albert | 64E | | Binginwarri | CP117598 | | Albert | 66C | | Binginwarri | CP117596 | | Jack | 77H | | Binginwarri | CP117538 | | Jack | 92E | | Binginwarri | CP117864 | | Jack | 92F, 92G | | Binginwarri | CP117865 | | Jack | 8A | C | Bulga | CP117812 | | Jack | 121H | | Devon | CP117620 | | Jack | 122C | | Devon | CP117618 | | Jack | 64J, 64K, 64L | | Devon | CP117616 | | Jack | 126B | | Devon | CP117705 | | Jack | 112A | | Devon | CP117619 | | Jack | 97D | | Binginwarri | CP117617-A | | Jack | 157E | | Devon | CP117593 | | Jack | 157F | | Devon | CP117564 | | Jack | 73J | | Binginwarri | CP117476 | | Jack | 74N | | Binginwarri | CP117541 | | Macks | 6F | B | Bulga | CP117361 | | Macks | 6H | B | Bulga | CP117362 | | Macks | 3B | B | Bulga | CP117360 | | Macks | 9F, 9G, 9J | A | Bulga | CP117359 |

| Macks | 76A | | Wonwron | CP117565 | | Macks | 65G, 65H | | Wonwron | CP117528 | | Bodman | 9B, 12A | | Carrajung | CP117707 | | Bodman | 32J | | Carrajung | CP117708 | | Bodman | 18B | A | Callignee | CP117709 | | Bodman | 22B | A | Bulga | CP117683 | | Bodman | 20A | A | Callignee | CP117684 | | Bodman | 43C, 43D | A | Boodyarn | CP117733 | | Bodman | 14C | B | Boodyarn | CP117734-A | | Bodman | 2D | B | Boodyarn | CP117637 | | Gelliondale | 29B | A | Alberton West | CP117022 | | Mullungdung | 70C | A | Stradbroke | CP116993 | | Mullungdung | 71J | | Willung | CP117368-A | | Mullungdung | 75J | | Carrajung | CP117077-A | | Callignee | 34F | | Callignee | CP117540-A | | Callignee | 49K | | Willung | CP117434 | | Callignee | 1Q, 1R | A | Callignee | CP117726 | | Callignee | 18E | B | Callignee | CP117727 | | Callignee | 29E | | Callignee | CP117728 | | Callignee | 49G | | Willung | CP117731 | | Callignee | 11B | A | Callignee | CP117725 | | Callignee | 73F | | Callignee | CP117729 | | Callignee | 5A | A | Callignee | CP117730 | | Callignee | 23D | A | Callignee | CP117732 | | Callignee | 21C | A | Callignee | CP117664 | | Callignee | 21D | A | Callignee | CP117665 | | Wonwron | 55E, 55F | | Carrajung | CP117350A | | Wonwron | 8C | | Boodyarn | CP117364 |

| Wonwron | 8A | | Boodyarn | CP117351 | | Wonwron | 33F | | Woranga | CP116992 | | Wonwron | 1C | | Woranga | CP117112 | | Leongatha | 122M | | Allambee East | CP117323-A | | Leongatha | 101E | | Allambee East | CP117324 | | Mullungdung | 57B | | Willung | CP117537 | | Callignee | 50A | | Willung | CP110477-A | | Allambee | 19D, 19E, 19F | | Allambee East | CP117382 | | Allambee | 8C, 8D | A | Allambee East | CP117383 | | Allambee | 118A | | Warragul | CP117384 | | Allambee | 16D | | Allambee | CP117385 | | Loch Valley | 2H | | Noojee East | CP117899 | | Loch Valley | 2J | | Noojee East | CP117900 | | Loch Valley | 2K | | Noojee East | CP117901 | | Loch Valley | 48L | | Noojee East | CP117902 | | Loch Valley | 49Q | | Noojee East | CP117903 | | Neerim East | 36K, 36L | | Neerim | CP118010 | | Neerim East | 54A | | Neerim East | CP118010 | | Moondarra | 64 | A | Tanjil East | CP117763 | | Childers | 26B, 26C, 30 | | Moe | CP117089 | | Ballas | 53D | C | Wulla Wullock | CP116991 | | Jeeralang Traralgon | 33J, 33K, 33M, 33N | A | Traralgon | CP117421-A | | Latrobe Office | 50E | | Yarram Yarram | CP117941 | | Stockyard Creek | 11D | 9 | Dorchap | CP116426 -A | | Gardiners | 20B | D | Strathbogie | CP116492 |

| Mt Piper | 15B | E | Strathbogie | CP117636 | | McDonalds | 4A | E | Strathbogie | CP117363 | | Mystic | 7 | K | Bright | CP117026 | | Racecourse | 14H | C | Bright | CP117120 | | Chiltern | 19A | 4 | Barambogie | CP116947-A | | Bullhead | 1E, 5D | 14 | Mitta Mitta | CP117017 | | Bullhead | 1J | 14 | Mitta Mitta | CP117048 | | Bullhead | 9B | 14 | Mitta Mitta | CP117049 | | Rose Valley | 9C, 11C | | Matong North | CP117757 | | Too-rour | 8A | C | Too-rour | CP117944 | | Warrenbayne | 1C | D | Lima | CP117947 | | Warrenbayne | 19C, 19D | A | Boho | CP117945 | | Warrenbayne | 25B | A | Boho | CP117946 | | Fenns | 20 | C | Moorngag | CP117719 -A | | Spring Creek | 14, 14A, 14B | C | Moorngag | CP117721 | | Blue Range | 10B, 10C, 10D | C | Dueran | CP117720 | | Kopps | 10B | B | Dueran | CP117355 | | Kopps | 10D | B | Dueran | CP117356 | | Kopps | 10E | B | Dueran | CP117357 | | McRaes/ Tromps | 4G,4H | C | Dueran | CP117553 | | McRaes/ Tromps | 15A, 15B | B | Dueran | CP117553 | | Holland | 4K, 4L | | Toombullup | CP117848 | | Contes | 4J | | Toombullup | CP117847 | | Archerton | 33B | | Toombullup | CP117113 | | Archerton | 32C | | Toombullup | CP117165 |

| 15 Mile Creek | 11, 12 | 3 | Whitfield South | CP117894 | | 15 Mile Creek | 56C | | Toombullup | CP117894 | | 15 Mile Creek | 13A, 13B | 3 | Whitfield South | CP118631 | | Boggy | 4A | 1 | Whitfield South | CP117097 | | Mohican | 56, 57, 58 | | Glendale | CP117968 | | Glendale | 13A | A | Niagaroon | CP117969 | | Glendale | 13B | A | Niagaroon | CP117970 | | Mt Robertson | 5B | A | Derril | CP117833 | | Mt Robertson | 9M | C | Flowerdale | CP117835 | | Mt Robertson | 14F | C | Flowerdale | CP117836 | | Mt Robertson | 4G | | Kinglake | CP117838 | | Narbethong Robbies | 9A, 10, 11, 13 | B | Granton | CP117916-A | | Junction | 6D | 7 | Wandiligong | CP117474-A | | Braithwaites | 16 | 1A | Porepunkah | CP117475 | | One Mile Creek | 8A | 1 | Porepunkah | CP118060 | | Havilah Porepunkah | 13B | F | Porepunkah | CP118061 | | Havilah Porepunkah | 13A | F | Porepunkah | CP118062 | | Havilah Porepunkah | 9E, 9F, 9G | 23 | Barwidgee | CP118063 | | Havilah Porepunkah | 14A | 12 | Tawanga | CP118064 | | Havilah Porepunkah | 22 | 15 | Tawanga | CP118065 | | Running Creek Bright | 14D | 15 | Tawanga | CP117532 | | Running Creek Bright | 14E | 15 | Tawanga | CP117533 |

| Bright Porepunkah | 14D | 4 | Porepunkah | CP117471 | | Two Mile Creek & Morses Creek | 3A | 10A | Porepunkah | CP117967 | | Two Mile Creek & Morses Creek | 1C, 7A | K | Bright | CP117967 | | Two Mile Creek & Morses Creek | S23E, S23F, S23G, S23H, S30E | | Bright | CP117967 | | Hill | 17H | C | Bright | CP117764 | | Racecource | 19D | C | Bright | CP117654 | | Freeburgh | 15B | | Freeburgh | CP117457 | | Smoko | 50H | | Freeburgh | CP117458 | | Smoko | 51 | | Freeburgh | CP117459 | | Smoko | 52E | | Freeburgh | CP117460 | | Magpie | 15, 16 | | Stanley | CP117910 | | Magpie | 17 | | Stanley | CP117911 | | Stanley | 14 | | Stanley | CP117963 | | Stanley Bruarong | 7A | 14A | Stanley | CP117914 | | Stanley Bruarong | 17C | 11A | Stanley | CP117913 | | Stanley Bruarong | 13B | 11A | Stanley | CP117912 | | Stanley Bruarong | 10A | 1B | Bruarong | CP117906 | | Bruarong | 4E | 3 | Bruarong | CP117907 | | Bruarong | 2B | 2 | Bruarong | CP117314 | | Dingle | 9, 10, 11 | 13A | Stanley | CP117675 |

| Myrtleford–Circular Creek | 16 | 16 | Mudgeegonga | CP117455 | | Myrtleford–Granite Creek | 14, 15 | 10 | Mudgeegonga | CP117896 | | Myrtleford–Basin Creek | 7 | 15 | Mudgeegonga | CP117897 | | Ovens | 12B | 4 | Myrtleford | CP118001 | | Ovens | 8A, 8B | O | Myrtleford | CP118002 | | Merriang, Running Creek, Long Corner Creek | 37E, 37F | | Bungamero | CP117783 | | Hurdle Creek | 4E, 5A, 7A | 8 | Bungamero | CP117783 | | Cropper Creek | 3, 4, 5 | | Winteriga | CP117783 | | Cropper Creek | 14A | A | Dandongadale | CP117783 | | Gould | 41F | | Granya | CP117358 | | Gould | 11F | 1 | Berringama | CP118048 | | Gould | 1D | 1 | Berringama | CP118044 | | Gould | 66G, 66H | | Granya | CP118041 | | Gould | 7T | 1 | Berringama | CP118045 | | Gould | 3J | 1 | Berringama | CP118047 | | Lawson–Burrowye | 30A, 30B, 30C | | Koetong | CP117950 | | Lawson–Burrowye | 37L | | Koetong | CP117952 | | Lawson–Burrowye | 37M | | Koetong | CP117953 | | Lawson–Burrowye | 38J | | Koetong | CP117954 | | Lawson–Burrowye | 30D | | Koetong | CP117955 |

| Lawson–Burrowye | 9C | A | Koetong | CP117956 | | Lawson–Burrowye | 37N | | Koetong | CP118561 | | Sullivans | 20D, 20E, 20G, 20F | | Koetong | CP117949 | | Napoleon Gully | 13D | | Koetong | CP117621 | | Lucyvale | 7U | 1 | Berringama | CP118005 | | Jemba | 4G | 1 | Jinjellic | CP117979 | | Koetong | 49D | | Koetong | CP117958 | | Koetong | 21A | 1 | Jinjellic | CP117977 | | Walwa | 14A, 14C | 1 | Jinjellic | CP117463 | | Walwa | 13A, 25A | 15 | Burrowye | CP117464 | | Jinjellic | 20A | 2 | Jinjellic | CP117980 | | Railway | 17L | A | Berringama | CP118035 | | Railway | 17M | A | Berringama | CP118036 | | Wabba | 41D, 41E | | Canabore | CP117699 | | Hardings | 16B | 15 | Burrowye | CP117271 | | Bullioh | 2E, 2F | | Canabore | CP117579 | | Everton | 5C | D | Murmungee | CP117242 | | Whisky | 15B | | Toombullup North | CP117846 | | Whisky | 4M,4N | | Toombullup | CP117846 | | Delatite | 99L, 99M,101H, 101J, 108M, 108N,108P, 108Q, 108R, 108S | | Howqua West | CP117472 | | Goughs Bay | 99J | | Howqua West | CP117473 |

| Emerson | 5A, 5B | 11 | Drik Drik | CP117504-A | | Lyons | 12 | B | Glenaulin | CP117466 | | Lyons | 13, 14 | B | Glenaulin | CP117468 | | Mt Richmond | 9 | 2 | Mouzie | CP117019 | | Mt Richmond | 3A, 4A | 6 | Mouzie | CP117019 | | Kangaroo Park | 81G | | Winyayung | CP117397 | | Slater | 2F, 2G | 12 | Myamyn | CP117393 | | Porter | 4A | 21 | Myamyn | CP117394 | | Malseeds | 7 | 14 | Greenhills | CP117024 | | Weerona | 11B | A | Hotspur | CP117067 | | Simpkin | 19C | A | Hotspur | CP117068 | | Brisbane | 1A, 21A | | Glenaulin | CP117395 | | Brisbane | 23A | | Glenaulin | CP117396 | | Brisbane | 26A | B | Hotspur | CP117396 | | Smokey Valley | 5A | A | Glenaulin | CP116652 | | Smokey Valley | 3E | A | Glenaulin | CP116653 | | Kentbruck | 45 | | Warrain | CP117431 | | Kentbruck | 6, 7 | 3 | Kentbruck | CP117431 | | Kentbruck | 12E | 2 | Kentbruck | CP117431 | | Bahgallah | 29B | | Bahgallah | CP117117 | | Rennick | 19, 20C | | Malanganee | CP118007 | | Rennick | 18A, 16C, 16D | | Palpara | CP118007 | | Rennick | 38, 39 | | Wanwin | CP118114 | | Rennick | 32C, 32D | | Wanwin | CP117094 | | Rennick | 9E, 11B | | Palpara | CP117020 |

| Rennick | 62C | | Mumbannar | CP117392 | | Lane | 1A, 5B, 14C, 12C | A | Weecurra | CP117406 | | Read | 6A | 10 | Digby | CP117088 | | Mocamboro | 5 | 16 | Mocamboro | CP117018 |

ENDNOTES

1. General Information

The long title for the Bill for this Act was "A Bill to confer additional functions and powers on the Victorian Plantations Corporation, a State body established under the State Owned Enterprises Act 1992 to make further provision for the management of plantations, to make consequential amendments to certain Acts and for other purposes.".

Dates of the Minister's second reading speech on the Victorian Plantations Corporation Act 1993 were:

Legislative Assembly: 7 May 1993

Legislative Council: 19 May 1993

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 7 May 1993

Legislative Council: 20 May 1993

Absolute majorities:

Legislative Assembly: 18 May 1993

Legislative Council: 26 May 1993

The Victorian Plantations Corporation Act 1993 was assented to on 8 June 1993 and came into operation as follows:

Sections 1–3 on 8 June 1993: section 2(1); rest of Act on 1 July 1993: Government Gazette 24 June 1993 page 1596.

1. Table of Amendments

This Version incorporates amendments made to the Victorian Plantations Corporation Act 1993 by Acts and subordinate instruments.

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

Victorian Plantations Corporation (Amendment) Act 1994, No. 92/1994[3] (as amended by No. 85/1998 s. 24(Sch. item 65)

| Assent Date: | 6.12.94 | | Commencement Date: | S. 10 on 1.7.93: s. 2(1); rest of Act on 6.12.94: s. 2(2) |

Extractive Industries Development Act 1995, No. 67/1995

| Assent Date: | 17.10.95 | | Commencement Date: | Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 |

Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998

| Assent Date: | 19.5.98 | | Commencement Date: | Pt 1 (ss 1–3) on 19.5.98: s. 2(1); ss 5, 11 on 25.6.98; rest of Act on 26.6.98: Government Gazette 25.6.98 p. 1561 |

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

| Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

| Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 items 103.1, 103.2) on 1.7.98: Government Gazette 18.6.98 p. 1512 | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

| Assent Date: | 10.11.98 | | Commencement Date: | S. 17 on 15.12.98: s. 2(5) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Transfer of Land (Single Register) Act 1998, No. 85/1998

| Assent Date: | 17.11.98 | | Commencement Date: | S. 24(Sch. item 64) on 1.1.99: s. 2(3) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Petroleum Act 1998, No. 96/1998

| Assent Date: | 24.11.98 | | Commencement Date: | S. 257(6) on 1.12.99: s. 2(3) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Statute Law Revision Act 2000, No. 74/2000

| Assent Date: | 21.11.00 | | Commencement Date: | S. 3(Sch. 1 item 140.1) on 10.11.98 : s. 2(2)(z); s. 3(Sch. 1 item 140.2) on 22.11.00: s. 2(1) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Road Management Act 2004, No. 12/2004

| Assent Date: | 11.5.04 | | Commencement Date: | S. 169 on 1.7.04 : s. 2(2) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Sustainable Forests (Timber) Act 2004, No. 48/2004

| Assent Date: | 16.6.04 | | Commencement Date: | S. 138 on 18.5.06: Government Gazette 18.5.06 p. 929 | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Public Administration Act 2004, No. 108/2004

| Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 227) on 5.4.05: Government Gazette 31.3.05 p. 602 | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Geothermal Energy Resources Act 2005, No. 7/2005

| Assent Date: | 27.4.05 | | Commencement Date: | S. 174 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1 | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

| Assent Date: | 29.8.06 | | Commencement Date: | S. 61(Sch. item 33) on 30.8.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008

| Assent Date: | 5.11.08 | | Commencement Date: | S. 322 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1 | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Resources Industry Legislation Amendment Act 2009, No. 6/2009

| Assent Date: | 3.3.09 | | Commencement Date: | S. 58 on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

| Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 1 item 61) on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993 |

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1. Explanatory Details

2. S. 3 (def. of Corporation): The Order in Council establishing the Victorian Plantations Corporation and referred to in the definition of Corporation in section 3 of the Act provided as follows:

State Owned Enterprises Act 1992
ORDER IN COUNCIL

The Governor in Council makes the following Order:

Dated 4 May 1993

Responsible Minister:
ALAN STOCKDALE
Treasurer

DAMIEN O'SHEA
Clerk of the Executive Council

STATE OWNED ENTERPRISES (STATE BODY—VICTORIAN PLANTATIONS CORPORATION) ORDER 1993

1 Title

This Order may be cited as the State Owned Enterprises (State body—Victorian Plantations Corporation) Order 1993.

2 Commencement

This Order comes into operation on the day on which it is made.

3 Power

This Order is made under section 14 of the State Owned Enterprises Act 1992.

4 Definitions

In this Order—

Corporation means the Victorian Plantations Corporation established by this Order;

forest produce means—

(a) vegetation of any kind, whether living or dead;

(b) any produce or substance derived from vegetation;

(c) stone within the meaning of the Extractive Industries Act 1966;

(d) honey or bees wax—

but does not include a mineral within the meaning of the Mineral Resources Development Act 1990.

5 Victorian Plantations Corporation

(1) There is established, for the purposes of the State Owned Enterprises Act 1992, a body by the name of Victorian Plantations Corporation.

(2) The particular purpose of establishing the Corporation is to create a statutory body to manage certain timber plantations on a commercial basis.

(3) The functions of the Corporation are—

(a) to establish, maintain and manage timber plantations on land vested in or managed by the Corporation; and

(b) to enter into, administer or manage agreements or licences relating to forest produce on land vested in or managed by the Corporation.

(4) For the purpose of performing its functions, the Corporation—

(a) may acquire or dispose of real or personal property; and

(b) may take or convert forest produce; and

(c) may employ staff; and

(d) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

6 Board of directors

(1) There shall be a board of directors of the Corporation.

(2) The board shall consist of—

(a) Gerald Griffin, who shall be Chairman of the board;

(b) George B. Little;

(c) Kevin S. White;

(d) William J. Robertson.

(3) Each director is appointed for a term of 1 year, or until the Corporation is declared under section 17 of the State Owned Enterprises Act 1992 to be a State business corporation, whichever first occurs, and is eligible for re-appointment.

(4) The terms and conditions of appointment of the directors are as follows:

(a) subject to subclause (5), the Chairman is entitled to be paid remuneration at the rate of $27 000 per annum;

(b) subject to subclause (5), each of the other directors is entitled to be paid remuneration at the rate of $20 000 per annum;

(c) the Governor in Council may at any time remove a director from office.

(5) A director who is a member of the public service is not entitled to be paid remuneration under this Order.

7 Proceedings of the board of directors

The board of directors may regulate its own procedure. ↑

2. S. 6: The amendment proposed by section 17(2) of the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 is not included in this publication as the words "Department of Conservation and Natural Resources" no longer appear in section 6. ↑

3. Table of Amendments: Sections 12–14 of the Victorian Plantations Corporation (Amendment) Act 1994, No. 92/1994 (as amended by No. 85/1998 s. 24(Sch. item 65)) read as follows:

12 Registrar of Titles to make necessary amendments to records

(2) The Registrar of Titles, on being requested to do so, and on delivery of any relevant Certificate of Title or instrument, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.

13 No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Act.

14 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Act. ↑