Reference Areas Act 1978

Reference Areas Act 1978

VersionNo. 015

Reference Areas Act1978

No. 9093 of 1978

Version incorporating amendments as at
15 December 2017

table of provisions

SectionPage

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SectionPage

1Short title and commencement

2Definition

3Power to Minister to recommend proclamation reference areas

4Reference areas

5Advisory committee

6Power to Minister to issue directives

7Powers of Minister, committee etc. not to be affected except as expressly provided

8Regulations

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Endnotes

1General information

2Table of Amendments

3Amendments Not in Operation

4Explanatory details

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VersionNo. 015

Reference Areas Act1978

No. 9093 of 1978

Version incorporating amendments as at
15 December 2017

An Act to make further Provision with respect to the Management of certain Special Areas of Crown Land and for other purposes.

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Endnotes

Reference Areas Act1978
No. 9093 of 1978

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Reference Areas Act 1978.

(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Definition

In this Act—

S. 2 def. of public land amended by No. 41/1997
s. 29, substitutedby No.50/2002 s.25.

public land means—

(a)any unalienated land of the Crown, including land temporarily or permanently reserved under the CrownLand (Reserves) Act 1978;

(b)State forest, within the meaning of the Forests Act 1958;

(c)park, within the meaning of the National Parks Act 1975;

(d)land vested in any public authority, other than—

(i)a municipal council; or

(ii)an Authority under the Water Act 1989, to the extent that the land vested in the Authority is within a sewerage district listed in column3 of Schedule 12 of that Act.

S.3 amendedby No.50/2002 s.26 (ILA s.39B(1)).

3Power to Minister to recommend proclamation reference areas

(1)Where the Minister after having considered a report from the Land Conservation Council is of the opinion that any area of public land should be preserved in its natural state as far as is possible because the area is of ecological interest and significance, he may recommend to the Governor in Council that that area be proclaimed to be a reference area.

S.3(2) insertedby No.50/2002 s.26.

(2)Where the Minister, after having considered a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment Council Act 2001, is of the opinion that any area of public land should be preserved in its natural state as far as is possible, because the area is of ecological interest and significance, the Minister may recommend to the Governor in Council that that area be proclaimed to be a reference area.

4Reference areas

Where the Minister has made a recommendation under section 3 in respect of an area the Governor in Council may by proclamation published in the Government Gazette proclaim that area of public land to be a reference area.

5Advisory committee

(1)The Minister shall appoint a committee to advise him as to how reference areas should be protected controlled and managed so as to preserve the areas in perpetuity as a reference to which persons concerned with the study of land may be permitted to refer for comparative purposes particularly when solutions to problems that arise from the use of the land by mankind are being sought.

(2)The committee appointed under subsection (1) shall consist of not more than six members of whom—

S. 5(2)(a) substituted by No. 41/1987 s.103(Sch. 4 item 56.1).

(a)three shall be nominated by the Minister; and

S. 5(2)(b)(c) repealed by No. 41/1987 s.103(Sch. 4 item 56.1).

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(d)the remainder shall be persons having qualifications in one or other of the scientific disciplines concerned with matters relating to the preservation or management of land and ecological communities.

(3)The Minister shall appoint one of the members of the committee to be the chairman of the committee and one to be the deputy chairman.

(4)A member of the committee shall hold office for such term not exceeding five years as is specified in his instrument of appointment and shall be eligible for re-appointment.

(5)The committee may appoint any two or more of its members to be a sub-committee to investigate any matter on behalf of the committee.

(6)A sub-committee may with the consent of the committee co-opt any person to assist the sub-committee in carrying out any investigation on behalf of the committee.

(7)Every sub-committee shall report to the committee.

(8)Four members of the committee shall constitute a quorum.

(9)A decision carried by the majority of the members present at a meeting of the committee at which a quorum is present shall be the decision of the committee and in the event of an equality of votes in any matter the person presiding at the meeting shall exercise a second or casting vote.

S. 5(10) substituted by No. 53/2017 s.41.

(10)A member of the committee, or a person whoisco-opted to assist a sub-committee, isentitled toreceive the fees and travelling and other allowances from time to time fixed in writing by theMinister in respect of that member or person.

(11)Subject to this Act the committee may regulate its own proceedings.

6Power to Minister to issue directives

(1)The Minister shall from time to time publish in the Government Gazette directives for or with respect to the protection control or management of all or any particular reference areas.

(2)The person or body responsible for the protection, control or management of the reference area shall comply with any directives published under subsection (1).

7Powers of Minister, committee etc. not to be affected except as expressly provided

(1)Save as is expressly provided by any directive published by the Minister pursuant to the powers conferred by section 6 the declaration of any land as a reference area shall not affect the exercise of any rights powers authorities or duties by any person or body which is responsible for the protection, control or management of the land comprised in a reference area.

(2)The provisions of section 62(2) of the Forests Act1958 shall apply to all State forest, national park and protected public land in a reference area.

(3)Any question difference or dispute arising or about to arise between the Minister and any person or body responsible for the protection, control or management of land comprised in a reference area with respect to the exercise of any rights powers or authorities or the discharge of any duties or the operation or effect of any directive may be finally and conclusively determined by the Governor in Council.

8Regulations

The Governor in Council may make regulations for or with respect to any matter or thing which is authorized or required to be prescribed for the purposes of this Act.

S. 9
repealed by No. 9863 s.2(Sch.).

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Endnotes

1General information

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

The Reference Areas Act 1978 was assented to on 18 April 1978 and came into operation on 1 June 1979: Government Gazette 30 May 1979 page 1651.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•Headings

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

•Examples, diagrams or notes

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

•Punctuation

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

•Provision numbers

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

•Location of "legislative items"

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

•Other material

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

2Table of Amendments

This publication incorporates amendments made to the Reference Areas Act1978 by Acts and subordinate instruments.

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Statute Law Revision (Repeals) Act 1982, No. 9863/1982

Assent Date: / 5.1.83
Commencement Date: / 5.1.83
CurrentState: / All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date: / 19.5.87
Commencement Date: / S. 103(Sch. 4 item 56.1) on 1.7.87: Government Gazette 24.6.87 p.1694
CurrentState: / This information relates only to the provisions amending the Reference Areas Act 1978

Environment Conservation Council Act 1997, No. 41/1997

Assent Date: / 11.6.97
Commencement Date: / S.29 on 1.7.97: Special Gazette (No. 75) 1.7.97 p.1
CurrentState:

National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002

Assent Date: / 29.10.02
Commencement Date: / Ss 25, 26 on 30.10.02: s.2
CurrentState: / This information relates only to the provisions amending the Reference Areas Act 1978

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date: / 24.10.17
Commencement Date: / S. 41 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState: / This information relates only to the provision/s amending the Reference Areas Act 1978

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3Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4Explanatory details

No entries at date of publication.

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