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The objectives of these Regulations are to prescribe, for the purposes of the Catchment and Land Protection Act 1994—
the particulars that a land owner must provide when notifying the Secretary that the land owner has taken measures to comply with a notice under the Act; and
the measures that the Secretary may direct a land owner to take for the eradication or control of a noxious weed or the European Rabbit.
These Regulations are made under section 95 of the Catchment and Land Protection Act 1994.
These Regulations come into operation on 27 August 2022.
The Catchment and Land Protection Regulations 2012[1] are revoked.
In these Regulations—
Australian Pesticides and Veterinary Medicines Authority means the body corporate continued in existence under section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;
European Rabbit means a rabbit of the species known by the scientific name of Oryctolagus cuniculus;
Note
Feral and wild populations of the European Rabbit are declared to be established pest animals under the Act.
the Act means the Catchment and Land Protection Act 1994.
For the purposes of sections 46(1)(a), 47E(1)(a) and 70D(1)(a) of the Act, the prescribed particulars are—
a description of each measure; and
the date on which each measure was taken; and
the name of the persons engaged in taking each measure; and
if any person engaged in taking a measure is not the land owner, the telephone number or other information by which that person may be contacted; and
if a measure taken was the application of a herbicide product registered by the Australian Pesticides and Veterinary Medicines Authority—
the name of the herbicide product; and
the method and rate of application; and
if a measure taken was the application of a pesticide product registered by the Australian Pesticides and Veterinary Medicines Authority—
the name of the pesticide product; and
a statement as to whether or not the pesticide was applied in accordance with the product label and the directions for use.
For the purposes of sections 47B(2) and 70B(3) of the Act, the prescribed measure for the eradication or control of the noxious weeds in Column 1 of the table in Schedule 1 is—
the application, in accordance with the product label and directions for use, of a herbicide product that is registered by the Australian Pesticides and Veterinary Medicines Authority, the product label of which allows for the control of the relevant noxious weed, and if that herbicide is delivered through a hand held appliance, the incorporation of a compatible marker dye in the herbicide.
For the purposes of sections 47B(2) and 70B(3) of the Act, the prescribed measure for the eradication or control of the noxious weeds in Column 2 of the table in Schedule 1 is—
the cultivation of the soil by means of turning over the soil in which the noxious weed is located to a depth of not less than 15 centimetres.
For the purposes of sections 47B(2) and 70B(3) of the Act, the prescribed measure for the eradication or control of the noxious weeds in Column 3 of the table in Schedule 1 is—
the removal of the entire noxious weed, including its roots, from the soil.
For the purposes of sections 47B(2) and 70B(3) of the Act, the prescribed measure for the eradication or control of the noxious weeds in Column 4 of the table in Schedule 1 is—
the reduction to mulch of as much of the noxious weed as appears above the soil.
Note
A direction under section 70B(1) or a declaration under section 47A(1) of the Act does not obviate the need to comply with any other laws of Victoria or the Commonwealth.
For the purposes of sections 47B(2) and 70B(3) of the Act, the prescribed measures for the eradication or control of the European Rabbit are—
twice ripping the earth in which a warren of the European Rabbit is located and the earth 4 metres beyond each warren entrance, where the individual rip lines are not more than 50 centimetres apart and not less than 50 centimetres deep and where the second rip is made at right angles to the first rip; and
the application to a warren, in accordance with the product label and directions for use, of a fumigant product that is registered for the fumigation of the European Rabbit by the Australian Pesticides and Veterinary Medicines Authority and making the warren inaccessible to the European Rabbit by ensuring that all entrances to that warren are blocked, sealed and remain closed.
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Catchment and Land Protection Regulations 2022, S.R. No. 59/2022 were made on 2 August 2022 by the Governor in Council under section 95 of the Catchment and Land Protection Act 1994, No. 52/1994 and came into operation on 27 August 2022: regulation 3.
The Catchment and Land Protection Regulations 2022 will sunset 10 years after the day of making on 2 August 2032 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
There are no amendments made to the Catchment and Land Protection Regulations 2022 by statutory rules, subordinate instruments and Acts.
Reg. 4: S.R. No. 90/2012. ↑
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