Victorian Conservation Trust Act 1972

There shall be established a body corporate by the name "Trust for Nature (Victoria)" which shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and of doing and suffering all acts matters and things which bodies corporate may by law do or suffer.

All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Trust affixed to a document and until the contrary is proved shall presume that it was duly affixed.

The Trust shall for public scientific and public educational purposes encourage and assist in—

the preservation of areas which are—

ecologically significant;

of natural interest or beauty; or

of historical interest;

the conservation of wildlife and native plants; and

the conservation and creation of areas for scientific study relating to any of the matters referred to in paragraphs (a) and (b).

The Trust shall encourage and assist in the conservation and creation of areas of natural beauty or interest for use by the public for the purposes of enjoyment recreation and education.

The Trust shall have the power to do all things that are necessary or convenient to be done for or in connexion with the carrying out of the objects referred to in subsections (1) and (1A) and, without limiting those general powers, shall have power—

to accept gifts devises and bequests made to the Trust whether on trust or otherwise and to act as trustee of moneys or other property vested in the Trust on trust;

to purchase hold demise sell transfer convey mortgage and otherwise acquire and dispose of real and personal property;

to surrender land vested in the Trust (whether on trust or otherwise) to the Crown to be used for a purpose or purposes specified by the Trust;

to invest and deal with moneys of the Trust not immediately required for any of its objects upon such security or otherwise in such manner as may from time to time be determined by the Trust and to consolidate divide or in any way alter such investments; and

to reimburse trustees in respect of reasonable travelling and other expenses incurred in attending meetings of the Trust or otherwise in connexion with carrying out its business; and

to pay such remuneration to the chairperson, deputy chairperson or a trustee as the Trust may determine from time to time.

Upon the registration in the Office of Titles of a conveyance or a transfer and surrender to His Majesty of any land vested in the Trust—

the land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts and shall be deemed to be permanently reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 for the purpose or purposes specified by the Trust; and

the Trust shall be freed and discharged from all further duties and liabilities in respect thereof.

The owner of any land which the Trust considers to be ecologically significant, of natural interest or beauty, of historic interest or of importance in relation to the conservation of wildlife or native plants may, subject to obtaining the Minister's approval thereof under subsection (8), enter into a covenant with the Trust which binds him as to the development or use of the land or any part thereof or the conservation or care of any bushland trees rock formations buildings or other objects on the land.

A covenant under this section may include provision for the Trust, its officers, agents or nominees or members of the public generally to enter the land and to remain thereon for certain purposes.

With the approval of the Minister a covenant under this section may be released by the Trust or varied by an agreement between the Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.

Where the owner of any land who first enters into a covenant with the Trust under subsection (1) is unable to reach agreement with the Trust regarding the release of such covenant, the matter shall be determined by the Governor in Council whose decision shall be final.

Where the owner of any land has agreed to enter into a covenant with the Trust or to vary such a covenant under this section the Trust shall—

send to the Minister—

details of the proposed covenant or variation of covenant; and

a map of the land concerned and the surrounding area indicating the names and addresses of the owners of land in the vicinity of the land concerned and the purposes for which the land concerned and such other land is used; and

Where the Minister considers that owners of land in the vicinity of the land concerned may be affected by the proposed covenant or variation of covenant he may direct the Trust to give notice of the details of the proposed covenant or variation of covenant to such owners as he directs.

Notice given pursuant to a direction under subsection (6) shall state that submissions with respect to the proposed covenant or variation of covenant may be made to the Minister within one month of the date of the notice.

The Minister shall consider any submissions received from a person to whom notice is given by the Trust under subsection (6) within one month of the date of the notice and may approve or refuse to approve the proposed covenant or variation of covenant.

Notice of the Minister's decision under subsection (8) shall be published in the Government Gazette.

If a covenant has been entered into by any person pursuant to subsection (1) or subsequently varied pursuant to subsection (3); the Registrar of Titles, on application made to him or her, may make a recording in the Register of the covenant or variation.

If the Registrar of Titles has made a recording of the covenant or the variation in the Register, the burden of the covenant or the covenant as so varied runs with the land concerned and the Trust may enforce the covenant against persons deriving title from that person as if it were a restrictive covenant even though it may be positive in nature or that it is not for the benefit of land of the Trust.

The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.

If any land is the subject of a covenant under section 3A(1) and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered, the Trust may so report to the Minister.

If the Minister has received a report under subsection (1), the Minister may do one or both of the following—

with the consent of the Treasurer, make an order remitting, subject to subsection (5), the whole or any part of the tax payable by the owner under the Land Tax Act 1958 that is attributable to the land concerned; and

after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.

Any order made by the Minister under subsection (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by the Minister.

The Commissioner of State Revenue and any rating authority concerned must comply with any order made by the Minister under this section.

Any land tax or rate remitted under this section during the preceding 5 years becomes payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs.

A trustee shall hold office for a period, specified in the instrument of appointment, not exceeding 4 years after his appointment takes effect unless he resigns or the appointment is terminated and he shall be eligible for re-appointment.

The office of a trustee shall become vacant if the trustee—

resigns that office in writing, signed and delivered to the chairperson or deputy chairperson;

is removed from office by the Governor in Council;

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with that person's creditors or makes an assignment of that person's estate for the benefit of that person's creditors;

becomes of unsound mind; or

is absent from three consecutive meetings of the Trust without the consent of the Trust.

An act or decision of the Trust shall not be invalid by reason only of a vacancy in the office of a trustee or a defect or irregularity in the appointment of a trustee.

A trustee is not personally liable for anything done or omitted to be done in good faith—

in carrying out a function or power under this Act; or

in the reasonable belief that the act or omission was in the carrying out of a function or power under this Act.

Any liability resulting from an act or omission that would, but for subsection (1), attach to a trustee attaches instead to the Trust.

There shall be a chairperson and a deputy chairperson of the Trust both of whom shall be elected by the trustees from amongst their number.

The chairperson and deputy chairperson shall each hold office for such term as the trustees from time to time determine.

The chairperson or deputy chairperson shall cease to hold office upon ceasing to be a trustee.

A person appointed under subsection (1) may resign that person's office as chairperson or deputy chairperson by writing signed and delivered to at least 2 trustees.

The chairperson and deputy chairperson shall be eligible for re-election.

Meetings of the Trust shall be held at such times and places as the Trust from time to time determines or as the chairperson or deputy chairperson may direct.

At a meeting of the Trust a majority of the trustees for the time being shall constitute a quorum.

The chairperson or, in the chairperson's absence, the deputy chairperson shall preside at meetings of the Trust and in the absence of both the chairperson and the deputy chairperson the trustees present shall elect one of the trustees present to preside.

All questions coming before a meeting of the Trust shall be decided by a majority of votes of the trustees present at the meeting and in the event of an equality of votes the trustee presiding at the meeting shall have an additional vote.

Subject to this Act the Trust shall govern its own procedure.