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Bill homepage (legislation.vic.gov.au)The following are the purposes of this Act—
to set up a framework for the integrated management and protection of catchments;
to encourage community participation in the management of land and water resources;
to set up a system of controls on noxious weeds and pest animals;
to repeal and amend various Acts concerning catchment and land management.
Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3) the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning with and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
S. 3 amended by No. 12/2008 s. 73(1)(Sch. 1 item 5.2) (ILA s. 39B(1)).
In this Act—
S. 3(1) def. of Aboriginal person inserted by No. 23/2019 s. 118(2).
Aboriginal person has the same meaning as the Aboriginal Heritage Act 2006;
S. 3(1) def. of Adminis-trative Appeals Tribunal repealed by No. 52/1998 s. 311(Sch. 1 item 12.1).
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S. 3(1) def. of animal inserted by No. 48/2010 s. 3.
animal means any animal (other than a human being), whether vertebrate or not, and includes—
mammals, birds, insects, reptiles, amphibians, fish, crustaceans and molluscs; and
the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and
any other prescribed form of animal life, whether prescribed by reference to a species or in any other way;
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 77.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of approved roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).
approved roadside weed and pest animal management plan means the roadside weed and pest animal management plan approved by the Minister under section 22G;
S. 3(1) def. of authorised officer substituted by No. 68/2016 s. 159.
authorised officer means a person appointed to be an authorised officer for the purposes of this Act under—
Part 9 of the Conservation, Forests and Lands Act 1987; or
Part 3 of the Victorian Fisheries Authority Act 2016;
S. 3(1) def. of Authority inserted by No. 39/1998 s. 3(a), substituted by No. 48/2021 s. 118(2).
Authority means the following—
a Catchment Management Authority established under Part 2;
Melbourne Water Corporation;
S. 3(1) def. of Board repealed by No. 39/1998 s. 3(c).
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catchment means an area which, through run-off or percolation, contributes to the water in a stream or stream system;
catchment management means the co-ordinated management of land and water resources, using catchments as a basis;
controlled pest animal means a controlled pest animal under Part 8;
S. 3(1) def. of Council amended by No. 39/1998 s. 3(b), repealed by No. 48/2021 s. 109.
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Crown land has the same meaning as in the Conservation, Forests and Lands Act 1987 and includes land of the Crown managed by the Minister or the Secretary;
S. 3(1) def. of declared area inserted by No. 17/2018 s. 6.
declared area has the same meaning as in the Planning and Environment Act 1987;
Department has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of determination of native title inserted by No. 23/2019 s. 118(2).
determination of native title has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;
S. 3(1) def. of directions notice inserted by No. 67/2006 s. 3.
directions notice means a notice under section 70B;
S. 3(1) def. of domestic partner inserted by No. 85/2006 s. 149, substituted by No. 12/2008 s. 73(1)(Sch. 1 item 5.1).
domestic partner of a person in sections 18H and 18L means—
a person who is in a registered relationship with the person; or
an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
for fee or reward; or
on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 3(1) def. of emergency inserted by No. 51/2013 s. 4(2).
emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986;
established pest animal means an established pest animal under Part 8;
farm animal means an animal farmed commercially for its meat, its skin or anything else produced by it;
function includes duty and power;
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 77.
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 77.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 77.
Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 77.
Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 7.1(a)).
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of land amended by No. 63/2006 s. 61(Sch. item 5.1).
land includes soil, water, vegetation and fauna on land but excludes a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 and petroleum;
land degradation means—
a decline in the quality or productive capacity of land; or
the infestation of land by noxious weeds or pest animals;
land management notice, except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part;
S. 3(1) def. of land owner amended by Nos 35/1998 s. 12(1), 85/1998 s. 24(Sch. item 8), 12/2004 s. 151(1), 51/2013 s. 4(1), 49/2019 s. 186(Sch. 4 item 7.1(b)).
land owner means—
the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958; or
the owner in fee simple of land alienated by the Crown and—
in an identified folio under the Transfer of Land Act 1958; or
not under the Transfer of Land Act 1958—
and not mortgaged; or
a person who has the equity of redemption in land alienated by the Crown and mortgaged and—
in an identified folio under the Transfer of Land Act 1958; or
not under the Transfer of Land Act 1958; or
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the occupier, under a lease, licence or other right, of Crown land; or
the Head, Transport for Victoria, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004; or
the Director within the meaning of the National Parks Act 1975, for Crown land in a national park or park within the meaning of that Act; or
the municipal council, if the land is a municipal road in the municipal district of that municipal council; or
for Crown land that is not referred to in paragraphs (e) to (ga) and that is managed by a Minister or public authority, that Minister or public authority;
land protection means measures intended to maintain or enhance the quality or productive capacity of land or protect it from infestation by pest animals or noxious weeds;
land use condition means a condition imposed under Division 3 of Part 4;
S. 3(1) def. of Melbourne Water Corporation inserted by No. 23/2019 s. 118(1).
Melbourne Water Corporation has the same meaning as in the Water Act 1989;
S. 3(1) def. of municipal council inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).
municipal council has the same meaning as Council in section 3(1) of the Local Government Act 2020;
S. 3(1) def. of municipal district inserted by No. 51/2013 s. 4(2), amended by No. 9/2020 s. 390(Sch. 1 item 11).
municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;
S. 3(1) def. of municipal road inserted by No. 51/2013 s. 4(2).
municipal road has the same meaning as in section 3(1) of the Road Management Act 2004;
S. 3(1) def. of native title holder inserted by No. 23/2019 s. 118(2).
native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;
S. 3(1) def. of nominated officer inserted by No. 85/2006 s. 149.
nominated officer means each senior officer of an Authority who is nominated by the board of an Authority;
noxious weed means—
a State prohibited weed; or
a regionally prohibited weed; or
a regionally controlled weed; or
a restricted weed;
pest animal means—
a restricted pest animal; or
an established pest animal;
S. 3(1) def. of Pest Animal Advisory Committee repealed by No. 39/1998 s. 3(c).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 13.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Port Phillip and Westernport Region inserted by No. 48/2021 s. 118(1).
Port Phillip and Westernport Region means the area determined by the Governor in Council under section 10(1)(a) to be the catchment and land protection region known as the Port Phillip and Westernport Region, as varied by variations under section 10(1)(b) (if any);
primary production means agriculture, apiculture, aquaculture, forestry or horticulture;
S. 3(1) def. of priority area inserted by No. 67/2006 s. 3.
priority area means an area declared to be a priority area under section 47A;
S. 3(1) def. of priority area notice inserted by No. 67/2006 s. 3.
priority area notice means a notice under section 47A;
prohibited pest animal means a prohibited pest animal under Part 8;
public authority has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of recognition and settlement agreement inserted by No. 23/2019 s. 118(2).
recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
region means a catchment and land protection region under Part 2;
regional catchment strategy means a regional catchment strategy under Division 1 of Part 4;
regionally controlled weed means a regionally controlled weed under Part 8;
regionally prohibited weed means a regionally prohibited weed under Part 8;
regulated pest animal means a regulated pest animal under Part 8;
S. 3(1) def. of relative inserted by No. 85/2006 s. 149.
relative has the same meaning as in the Water Act 1989;
restricted pest animal means—
a prohibited pest animal; or
a controlled pest animal; or
a regulated pest animal;
restricted weed means a restricted weed under Part 8;
S. 3(1) def. of return period inserted by No. 85/2006 s. 149.
return period, in relation to the ordinary return of a member of the Authority or a nominated officer in section 18L, means—
if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or
if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;
road includes—
public highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not; and
land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958;
roadside means—
if a road is sealed, formed or graded, the area between the made surface of the road and the boundary of the land adjoining the road; or
in the case of an unmade road on land alienated in fee simple by the Crown or Crown land occupied under a lease or licence, the land so alienated or occupied; or
in the case of an unmade road on Crown land not occupied under a lease or licence, the half width of the road;
S. 3(1) def. of roadside weed and pest animal management plan inserted by No. 51/2013 s. 4(2).
roadside weed and pest animal management plan means the plan referred to in section 22A;
Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;
sell includes any of the following—
barter or exchange;
agree to sell or offer or expose for sale;
receive for sale;
have in possession for sale;
send, forward or deliver for sale;
advertise for sale;
sell for re-sale;
cause, permit or attempt any of the acts or things mentioned in paragraphs (a) to (g);
give away;
special area plan means a special area plan under Division 2 of Part 4;
special water supply catchment area means land declared to be a special water supply catchment area under Division 2 of Part 4;
S. 3(1) def. of specified Aboriginal party inserted by No. 23/2019 s. 118(2).
specified Aboriginal party, in relation to an area, means any of the following—
if there are native title holders for the whole or part of the area, the native title holders;
if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement, the traditional owner group entity;
if there is a registered Aboriginal party within the meaning of the Aboriginal Heritage Act 2006 for the whole or part of the area, the registered Aboriginal party;
State prohibited weed means a State prohibited weed under Part 8;
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 6.
Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;
S. 3(1) def. of subordinate instrument inserted by No. 85/2006 s. 149.
subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984;
S. 3(1) def. of traditional owner group entity inserted by No. 23/2019 s. 118(2).
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
water resources means the quality, quantity, or rate of flow, of water;
S. 3(1) def. of waterway amended by No. 49/2017 s. 69(1).
waterway has the same meaning as in the Water Act 1989;
S. 3(1) def. of waterway management district inserted by No. 23/2019 s. 118(1).
waterway management district has the same meaning as in the Water Act 1989;
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 69(2).
Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 69(2).
Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 69(2).
Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 69(2).
Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.
S. 3(2) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 5.2).
For the purposes of the definition of domestic partner in subsection (1)—
registered relationship has the same meaning as in the Relationships Act 2008; and
in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
a person is not a domestic partner of another person only because they are co-tenants.
The following are the objectives of this Act—
to establish a framework for the integrated and co-ordinated management of catchments which will—
maintain and enhance long-term land productivity while also conserving the environment; and
aim to ensure that the quality of the State's land and water resources and their associated plant and animal life are maintained and enhanced;
to establish processes that can be used to assess the condition of the State's land and water resources and the effectiveness of land protection measures;
S. 4(c) amended by No. 23/2019 s. 119.
to establish processes to encourage and support participation of land holders, resource managers, specified Aboriginal parties and other members of the community in catchment management and land protection;
S. 4(ca) inserted by No. 48/2021 s. 110(1).
to provide for the establishment of advisory committees;
S. 4(d) substituted by No. 39/1998 s. 4, amended by No. 48/2021 s. 110(2).
to establish and support the operation of the Catchment Management Authorities;
to provide for the control of noxious weeds and pest animals.
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Part 2—Catchment and land protection advisory system
Pt 2 Div. 1 (Heading and ss 6–9) substituted as Pt 2 Div. 1 (Heading and ss 6–9A) by No. 39/1998 s. 5, amended by Nos 39/1998 s. 5, 23/2019 s. 120, repealed by No. 48/2021 s. 111.
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Pt 2 Div. 1A (Heading and ss 9B–9J) inserted by No. 39/1998 s. 5, amended by Nos 108/2004 s. 117(1) (Sch. 3 item 26.1), 80/2006 s. 26(Sch. item 8.1), repealed by No. 48/2021 s. 111.
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Pt 2 Div. 2 (Heading) substituted by Nos 61/2003 s. 4, 85/2006 s. 150(1).
Division 2—Catchment and land protection regions
The Governor in Council, on the recommendation of the Minister, may by Order—
determine the areas of Victoria which are catchment and land protection regions and define their boundaries; or
vary the boundaries of an existing region; or
abolish a region.
The Minister must cause a copy of an Order under subsection (1) to be published in the Government Gazette and in a newspaper circulating generally within the relevant region as soon as possible after making the Order.
S. 10(3) amended by No. 39/1998 s. 6(2)(Sch. 1 item 1).
On the abolition of a region any Authority established for that region under this Division is abolished and its members go out of office and the Minister is its successor in law.
New Pt 2 Div. 3 (Heading) inserted by No. 85/2006 s. 151.
Division 3—Catchment Management Authorities
S. 11 amended by No. 39/1998 s. 6(1)(2) (Sch. 1 item 2), substituted by No. 85/2006 s. 151.
S. 11(1) amended by No. 48/2021 s. 119.
The Minister must, by instrument establish a Catchment Management Authority for each catchment and land protection region (other than the Port Phillip and Westernport Region).
Each Catchment Management Authority established under subsection (1)—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued; and
may acquire, hold and dispose of real and personal property; and
may do and suffer all acts and things that a body corporate may by law do and suffer.
All courts must take judicial notice of the seal of a Catchment Management Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
The official seal of each Catchment Management Authority must be kept in the custody that is directed by the Authority and must not be used, except as authorised by the Authority.
S. 11A inserted by No. 48/2021 s. 120.
Melbourne Water Corporation is appointed as the Catchment Management Authority for the Port Phillip and Westernport Region.
S. 12 amended by No. 39/1998 s. 6(2)(Sch. 1 item 3), substituted by No. 85/2006 s. 151.
Each Authority has the following functions in respect of the region for which it has been appointed—
to prepare a regional catchment strategy for the region and to co-ordinate and monitor its implementation;
to prepare special area plans for areas in the region and to co-ordinate and monitor their implementation;
S. 12(1)(c) amended by Nos 23/2019 s. 121, 48/2021 s. 112(1).
to promote the co-operation of persons and bodies involved in the management of land and water resources in the region, including representatives of specified Aboriginal parties, in preparing and implementing the strategy and special area plans and in furthering the objectives of this Act;
to advise the Minister, and, if requested by any other Minister, that other Minister—
on regional priorities for activities by and resource allocation to bodies involved in the management of land and water resources in the region; and
on guidelines for integrated management of land and water resources in the region; and
on matters relating to catchment management and land protection; and
on the condition of land and water resources in the region;
S. 12(1)(e) amended by No. 48/2021 s. 112(2).
to promote community awareness and understanding of—
S. 12(1)(e)(i) inserted by No. 48/2021 s. 112(2).
the importance of land and water resources, their sustainable use, conservation and rehabilitation; and
S. 12(1)(e)(ii) inserted by No. 48/2021 s. 112(2).
issues relating to catchment management;
to make recommendations to the Minister about the funding of the implementation of the regional catchment strategy and any special area plan;
to make recommendations to the Minister and the Secretary about actions to be taken on Crown land managed by the Secretary to prevent land degradation;
to advise the Minister and provide information to the Minister on any matter referred to it by the Minister;
to carry out any other functions conferred on the Authority by or under this Act or any other Act.
Each Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it.
Subsection (2) is not to be taken to be limited by any other provision of this Act that confers a power on the Authority.
Each Authority has the duties conferred on it by or under this or any other Act.
S. 12AA (Heading) amended by No. 48/2021 s. 121(1).
S. 12AA inserted by No. 17/2018 s. 7.
S. 12AA(1) amended by No. 48/2021 s. 121(2)(a).
An Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—
S. 12AA(1)(a) amended by No. 48/2021 s. 121(2)(b).
must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and
S. 12AA(1)(b) amended by No. 48/2021 s. 121(2)(c).
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and
must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.
S. 12AA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 2.1), amended by No. 48/2021 s. 121(3).
Subsection (1) does not apply to the performance of a function or the exercise of a power by a Authority in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 12A inserted by No. 49/2017 s. 70, amended by No. 43/2021 s. 219(Sch. 1 item 2.2), repealed by No. 48/2021 s. 122.
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S. 12AB inserted by No. 19/2020 s. 78.
12AB Obligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
The Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act—
must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and
must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road region.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
S. 12B inserted by No. 23/2019 s. 122, repealed by No. 48/2021 s. 123.
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S. 13 amended by No. 39/1998 s. 6(2)(Sch. 1 item 4), substituted by No. 85/2006 s. 151.
The Minister may, by determination, appoint an administrator to carry out the functions of the Authority, if an Authority fails or refuses to comply with a direction of the Minister under—
section 19A; or
section 307 of the Water Act 1989.
A determination of the Minister under subsection (1)—
must specify the term for the which the Administrator is appointed, which must not be more than 12 months;
must set out reasons for the actions proposed in it; and
must be published in the Government Gazette; and
must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the Order is made.
During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board in performing the functions and duties of the Authority.
Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.
On the expiry of a determination under this section the Minister must determine whether or not to—
reinstate to his or her office each member of the board of the Authority whose term has not expired; or
dismiss each member of the board of the Authority.
The administrator goes out of office—
if members are reinstated under subsection (5)(a), at the time of that reinstatement; or
if all the members are dismissed under subsection (5)(b), on the appointment of new members—
as the case requires.
If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of the Authority whose term has not expired, are re‑instated.
S. 13(8) inserted by No. 48/2021 s. 124.
This section does not apply to Melbourne Water Corporation.
S. 14 amended by No. 39/1998 s. 6(2)(Sch. 1 item 5), substituted by No. 85/2006 s. 151, amended by No. 48/2021 s. 125 (ILA s. 39B(1)).
The Public Administration Act 2004 applies to each Authority as if that Authority were a public entity but not a small entity within the meaning of that Act, established on or after the commencement of Part 5 of that Act.
S. 14(2) inserted by No. 48/2021 s. 125.
This section does not apply to Melbourne Water Corporation.
Pt 2 Div. 3 (Heading and ss 15–18) repealed by No. 39/1998 s. 7.
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New Pt 2 Div. 4 (Heading) inserted by No. 85/2006 s. 151.
Division 4—Boards
S. 15AA inserted by No. 48/2021 s. 126.
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