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This Act may be cited as the Alpine Resorts Act 1983.
The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 1(3) amended by No. 55/1986 s. 9(2), repealed by No. 74/2000 s. 3(Sch. 1 item 8).
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In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of alpine resort amended by No. 55/1986 s. 4.
alpine resort means any area of the State of Victoria declared to be an alpine resort under Part IV of this Act or added by this Act to an area declared to be an alpine resort;
S. 2 def. of Central Plan Office inserted by No. 62/2016 s. 8, repealed by No. 53/2017 s. 68(1).
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S. 2 defs of chairman, chief executive officer, Commission, Council, member repealed by No. 89/1997 s. 66.
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national park means national park within the meaning of the National Parks Act 1975;
S. 2 def. of prescribed repealed by No. 89/1997 s. 66.
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public Authority means any body (whether corporate or unincorporate) constituted by or under an Act of Parliament for a public purpose;
S. 2 def. of regulation repealed by No. 89/1997 s. 66.
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This Act shall bind the Crown and every public authority.
Pt 2 (Heading and ss 4–15) amended by Nos 10046 s. 33, 45/1987 s. 205(Sch. item 4), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 3), 24/1992 s. 4, 31/1994 s. 4(Sch. 2 item 5), 42/1995 s. 224(Sch. 2 item 5), repealed by No. 89/1997 s. 69.
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Pt 3 (Heading and ss 16–18) repealed by No. 89/1997 s. 69.
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Part IV—Declaration of alpine resorts
The Governor in Council on the recommendation of the Minister may by Order published in the Government Gazette declare to be an alpine resort for the purposes of this Act any Crown lands (other than lands in a national park) at any of the places specified in the Schedule.
S. 19(2) amended by Nos 41/1987 s. 103(Sch. 4 item 2.1). 62/2016 s. 9.
Every Order under subsection (1) shall describe the boundaries of the alpine resort by reference to a plan lodged in the Central Plan Office.
The area of an alpine resort shall not be diminished except by the express provisions of an Act of Parliament.
Any lands within the boundaries of an alpine resort that are not Crown lands shall for the purpose of any of the provisions of this Part or of Part VI be deemed to be part of the alpine resort and the occupiers of any such lands shall be liable to make contributions under Part VI in respect of those lands.
S. 20 repealed by No. 45/1987 s. 205(Sch. item 5).
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S. 21(1) amended by Nos 55/1986 s. 5, 45/1987 s. 205(Sch. item 6), 89/1997 s. 67.
All Crown lands in alpine resorts shall be deemed to be Crown lands permanently reserved as alpine resorts under section 4(1)(v) of the Crown Land (Reserves) Act 1978.
S. 21(2) amended by No. 52/1994 s. 97(Sch. 3 item 3).
Any reservation proclamation or declaration affecting any land in any alpine resort for any other purpose than that referred to in subsection (1) whether under the said section 4 or pursuant to the provisions of any other Act or law but not including any declaration of a special water supply catchment area under the Catchment and Land Protection Act 1994, is hereby revoked.
S. 22 repealed by No. 45/1987 s. 205(Sch. item 5), new s. 22 inserted by No. 89/1997 s. 68, substituted by Nos 50/2000 s. 12, 17/2013 s. 4, 62/2016 s. 10, amended by No. 53/2017 s. 68(2).
On and from the commencement of section 10 of the Alpine Resorts Legislation Amendment Act 2016, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.
S. 23 amended by Nos 55/1986 s. 6(a)–(c), 9/1987 s. 9(Sch. 3 item 1.1), repealed by No. 45/1987 s. 205(Sch. item 5), new s. 23 inserted by No. 89/1997 s. 68.
On the commencement of this section, section 21 ceases to apply to the land comprised in—
that part of the Great Alpine Road (Alpine Tourist Road) which is within the Mount Hotham Alpine Resort;
that part of the Mount Buller Tourist Road which is within the Mount Buller Alpine Resort;
that part of the Bogong High Plains Tourist Road which is within the Falls Creek Alpine Resort;
that part of the Lake Mountain Tourist Road which is within the Lake Mountain Alpine Resort—
and the land becomes unalienated land of the Crown.
S. 23A inserted by No. 9/1987 s. 9 (Sch. 3 item 1.2), repealed by No. 45/1987 s. 205(Sch. item 5).
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S. 24 inserted by No. 89/1997 s. 68, amended by No. 9/2020 s. 390(Sch. 1 item 3).
Despite the Local Government Act 2020, any land which is in an alpine resort is deemed not to be part of any municipal district within the meaning of the Local Government Act 2020 and may not be added to a municipal district by an Order made under that Act.
Pt 4A (Heading and ss 22, 23) inserted by No. 24/1992 s. 5(1), repealed by No. 89/1997 s. 69.
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Pt 5 (Heading and ss 24–26) amended by Nos 41/1987 s. 116(6), 12/1989 s. 4(1)(Sch. 2 item 5.1), repealed by No. 89/1997 s. 69.
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Pt 6 (Heading and ss 27–31) amended by Nos 55/1986 ss 7, 8(a)(b), 45/1987 s. 205(Sch. item 5), 12/1989 s. 4(1)(Sch. 2 items 5.2–5.5), 79/1995 s. 31, 48/1996 s. 32(1)(2), 84/1996 s. 467(Sch. 6 item 2.1), repealed by No. 89/1997 s. 69.
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Pt 7 (Heading and ss 32–46) amended by Nos 55/1986 s. 9(1), 29/1988 s. 57(1), 94/1990 s. 40(1), 24/1992 s. 6(a)(b), 115/1993 s. 32(1), 31/1994 s. 3(Sch. 1 item 4), repealed by No. 89/1997 s. 69.
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Ss 9(a), 20(1), 24(6).
Schedule
Sch. Pt A (Heading) inserted by No. 55/1986 s. 10(a).
Sch. Pt A amended by Nos 57/1995 s. 47, 62/2016 s. 11.
Part A
Mount Hotham
Falls Creek
Mount Buller
Mount Stirling
Mount Baw Baw
Lake Mountain
Sch. Pts B, C inserted by No. 55/1986 s. 10(b), repealed by No. 89/1997 s. 69.
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