Explanatory details
Endnote 3 Explanatory details
S. 2: Section 10 of the Victoria Conservation Trust (Amendment) Act 1986, No. 64/1986 reads as follows:
10 Transitional provisions
(1) The Victorian Conservation Trust is to be taken as the same body as the Victoria Conservation Trust in spite of any changes to the name and structure of the Victorian Conservation Trust by this Act and no act matter or thing is to be affected because of those changes of name and structure.
(2) A reference in any document—
(a) to the "Victoria Conservation Trust Act 1972" is to be taken to refer to the "Victorian Conservation Trust Act 1972"; and
(b) to the "Victoria Conservation Trust" is to be taken to refer to the "Victorian Conservation Trust".
(3) The members of the Victoria Conservation Trust holding office immediately before the commencement of this Act continue to hold office after the commencement of this Act as trustees of the Victorian Conservation Trust upon the same terms and conditions as those upon which they held office as members of the Victoria Conservation Trust.
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S. 2: Section 22 of the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995 reads as follows:
22 Transitional provisions
(1) The Trust for Nature (Victoria) is deemed to be the same body as the Victorian Conservation Trust despite the changes to the name and structure of the Trust by this Act, and no matter or thing is to be affected because of those changes of name and structure.
(2) On and after the commencement of this section, a reference to the Victorian Conservation Trust in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject-matter, is deemed to be a reference to the Trust for Nature (Victoria).
(3) The trustees of the Victorian Conservation Trust holding office immediately before the commencement of this section continue to hold office after the commencement of this section as trustees of the Trust for Nature (Victoria) on the same terms and conditions upon which they held office as trustees of the Victorian Conservation Trust.
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S. 3A: Section 4 of the Victoria Conservation Trust Act 1978, No. 9129/1978 (as amended by No. 9427/1980) reads as follows:
4 Tax and rating remissions
S. 4(1) amended by No. 9427/1980 s. 6(1)(Sch. 5 item 189).
(1) Where any land is the subject of a covenant under subsection (1) of section 3A of the Principal Act 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.
(2) Where the Minister has received a report under subsection (1) he may do one or both of the following—
(a) with the consent of the Treasurer make an order under his hand 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
(b) 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 under his hand remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.
(3) 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 him.
(4) The Commissioner of Land Tax and any rating authority concerned shall comply with any order made by the Minister under this section.
(5) Any land tax or rate remitted under this section during the preceding five years shall become payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs. ↑
Ss 10–12:
S. 10 repealed by No. 9863 s. 2, new s. 10 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101).
Ss 11, 12 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101).
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